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2015 Supreme(Chh) 316

GOUTAM BHADURI
SAV Steels Private Limited, Kolkata – Appellant
Versus
Ekta Ispat and Power Limited, Raipur – Respondent


Advocates Appeared:
For the Appellants :Mr. B.P. Sharma with Mr. Raza Ali, Advocates.
For the Respondents:Mr. Nalin Tripathi with Mr. Ankit Singhal, Advocates.

ORDER :

1. Challenge in this appeal under Section 37 of the Arbitration & Conciliation Act, 1996 is to the order dated 23.02.2015, passed in M.J.C. No. 121/2013, passed by the District Judge, Bilaspur, whereby an interim application (I.A. No. 2/15), filed by the appellant to set-aside the arbitral award dated 15.07.2013 was dismissed.

2. Brief facts of the case are that an award was passed by the Arbitral Tribunal consisting of Hon'ble Shri Justice S.K. Tiwari (Retd.) and two others. After passing of the said award, an application was filed under Section 34 of the Arbitration & Conciliation Act, 1996 (herein after referred to as 'the Act of 1996') to set-aside the said award raising various grounds. While the said application for setting-aside the award was pending, another preliminary objection to the maintainability of the award was made by I.A. No. 2/15 on 16.01.2015. It was contended in the said application that share purchase agreement containing arbitration clause was not executed on the requisite non-judicial stamp as applicable in the State of Chhattisgarh and since the necessary stamp duty was not paid, the said agreement can not be acted upon. The objection was further to t

























































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