Arbitration act

Querist : Anonymous (Querist) 23 November 2011 This query is : Resolved
A unregistered lease deed for ten years which is also not on sufficient stamp paper with Arbitration clause. Can High Court while excercising power under Sec 11(6) of Arbitration Act insist that the document should suffer duty and penalty before appointing Arbitrator ? Any supreme court judgments on both viwes ?

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Devajyoti Barman (Expert) 23 November 2011
Yes very much.,
It is a settled position now.

ajay sethi (Expert) 23 November 2011
yes you have to pay stamp duty and penalty .

Sankaranarayanan (Expert) 23 November 2011
i do agree with experts

Rajeev Kumar (Expert) 23 November 2011
You have to pay stamp duty and penalty too

Murali Krishna (Expert) 23 November 2011
High Court cannot impose duty or penalty on understamped document. It may direct stamp authorities to examine whether said document is understamped, if so, impound and collect proper stamp charges and penalty.

The Supreme Court in SMS tea estates (P) Ltd Vs.Chandmari Tea Co (P) Ltd on 20.07.2011 decided a similar matter. Please go through the judgement for clarification on the matter.

M.Sheik Mohammed Ali (Expert) 23 November 2011
yes, i do agreed

Raj Kumar Makkad (Expert) 23 November 2011
SMS tea estates (P) Ltd Vs.Chandmari Tea Co (P) Ltd. is a landmark judgment on the subject which makes the entire procedure and connected legal provisions very clear. There is no scope differing with the established law (supra).

prabhakar singh (Expert) 24 November 2011
Nothing more required as you have been sufficiently guided.

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