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2023 Supreme(Kar) 1097

SACHIN SHANKAR MAGADUM
Shakeel Pasha – Appellant
Versus
City Max Hotels – Respondent


Advocates appeared:
Manu Prabhakar Kulkarni, Advocate, Manu Kulkarni, Advocate, Manu K., Advocate

JUDGMENT

1. These two captioned petitions are filed by the decree holder as well as judgment debtors assailing the order passed by the Executing Court having determined the stamp duty payable at Rs.72, 500.00 on the arbitral award of Rs.1, 20, 000.00 with interest at the rate of 18% p.a. as also penalty imposed at Rs.7, 25, 000.00.

The decree holder has filed W.P.No.12935/2022 questioning the impugned order dtd. 11/2/2022 passed in Com.Ex.Pet.No.224/2021 with a further direction to the Registrar, City Civil Court, Bengaluru to refund Rs.7, 25, 000.00 which is imposed by way of penalty. In the alternative, the decree holder has also sought direction against the judgment debtors to pay stamp duty or penalty that is determined by the Executing Court.

The judgment debtors have filed W.P.No.8352/2022 questioning the stamp duty payable on the arbitral award and also consequent penalty imposed by the Executing Court. The judgment debtors claim that decree holder has to pay duty and penalty to an extent of Rs.3, 01, 16, 904.00. The said contention of judgment debtors is negatived by the Executing Court and therefore, the judgment debtors are also before this Court assailing the order dtd. 1

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