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2022 DIGILAW 2209 (BOM)

Geeta Arun Naik v. Krishnanath Baburao Naik And Bros Rep. By Its Managing Partners Vivek Naik

2022-10-04

G.S.KULKARNI

body2022
JUDGMENT 1. This application is filed under Section 11 of the Arbitration and Conciliation Act, 1996 (Act, for short) whereby the applicant has prayed for appointment of an arbitral tribunal to adjudicate the disputes and differences between the parties, which have arisen under an agreement 28 May 2014. 2. A perusal of the agreement clearly shows that an immovable property is sought to be transferred in favour of the applicant by the respondents. It is also seen that the agreement is executed on a 100 rupees non judicial stamp paper which concerns an immovable property. The document is certainly not adequately stamped. The principles of law as laid down by the Supreme Court in Garware Wall Ropes Limited Vs. Coastal Marine Constructions & Engineering Limited, 2019 SCC Online SC 515 would warrant that the Court cannot exercise jurisdiction on proceedings for appointment of an arbitral tribunal unless the document is sufficiently stamped. There are subsequent decisions on this issue after the said decision in Garware Wall Ropes Limited (supra). 3. This Court in B4U Broadband (India) Pvt. Ltd. Vs. Affluence Movies Pvt. Ltd., 2022 SCC Online Bom 1021 after considering the position in law in such context and referring to the decisions of the Supreme Court in Garware Wall Ropes Limited (supra), Vidya Drolia Vs. Durga Trading Corporation, (2021) 2 SCC 1 . N.N. Global Mercantile (P) Ltd. Vs. Indo Unique Flame Ltd., (2021) 4 SCC 379 and Intercontinental Hotels Group (India) Private Limited & Another Vs. Waterline Hotels Private Limited, (2022) 7 SCC 662 has come to a conclusion that the decision in Garware Wall Ropes Limited (supra) has continued to hold the field and is required to be held as binding law until the Constitution Bench holds such judgment to be no more good law so as to confirm the observations of the Supreme Court in N.N. Global Mercantile (P) Ltd. (supra). This Court, accordingly, adverting to such position in law observed that the document in question in the said proceedings being not appropriately stamped was required to be impounded before the Court could exercise its jurisdiction under Section 11 of the Act. The position as noted above is not different in the present proceedings. This Court, accordingly, adverting to such position in law observed that the document in question in the said proceedings being not appropriately stamped was required to be impounded before the Court could exercise its jurisdiction under Section 11 of the Act. The position as noted above is not different in the present proceedings. Accordingly, the adjudication of the present proceedings is required to be deferred, till the defect on the document by payment of the deficit stamp duty is removed by following the procedure in that regard as prescribed by law. 4. For the above reasons, the document is required to be impounded. The applicant is directed to deposit the original of the said document with the Registrar (Judicial) of this Court within a period of one week from today. The Registrar (Judicial) shall then forward the document to the concerned Sub-Registrar of Stamps to adjudicate the appropriate stamp duty payable on such document. The Sub-Registrar of Stamps after issuing an advance notice to the parties shall adjudicate the stamp duty payable on the document. Let the exercise be completed as directed by the Supreme Court in Garware Wall Ropes Limited (supra) within 45 days from the day the document is received. 5. List the proceeding on 6 December 2022 (High on Board).