Stamp paper
abhimanyu
(Querist) 12 July 2019
This query is : Resolved
If an Arbitrator issues an award on Rs.100/- stamp paper and writes in the award that claimant may may pay balance applicable stamp duty at the time of execution?
WILL THIS AWARD BE A VALID AWARD FROM LEGAL POINT OF VIEW AND CANNOT BE CHALLANGED ON THE ISSUE OF STAMP DUTY, WHICH WILL BE PAID AT THE TIME OF EXECUTION OF AWARD?
Tapal Manjunath Reddy
(Expert) 12 July 2019
Hello,
If the award is written on insufficient stamp paper, it cannot be said to be in-executable. If the court finds that the insufficient stamp duty is paid, the court is equally empowered under section 33 of Indian stamp Act, 1899 to impound the document, send it for certification but only because of insufficiency of stamps, an award will not become in-executable.
Dr J C Vashista
(Expert) 14 July 2019
I endorse expert advise of Mr. Tapal Manjunath Reddy.
An award issued with insufficient stamp is invalid and liable to be impounded.
Show the document (Award) to a local prudent lawyer for better appreciation and proper guidance.
abhimanyu
(Querist) 14 July 2019
Thanks Reddy and Vashista Sirs. It has been informed that if an award is issued on a stamp paper of Rs. 100/- and it is mentioned in the award itself that balance amount of stamp duty will be paid by the Claimant at the time of execution, it will be a VALID AWARD.if the Claimant pays the duty before filing for execution.
WHAT IS YOUR OPINION PLEASE..
Sankaranarayanan
(Expert) 23 December 2019
yes agreed experts suggestions ... better to seek advise from local advocate and act accordingly
