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PRASHANT KUMAR MISHRA, GOUTAM BHADURI, MANINDRA MOHAN SHRIVASTAVA
Court On Its Own Motion In Re Reference Made by District Judge, Raigarh – Appellant
Versus
State of Chhattisgarh through Collector (Stamp), Raigarh – Respondent
JUDGMENT :
GOUTAM BHADURI, J.
1. Heard.
2. This is an office reference by District Judge Raigarh.
3. The brief facts which cropped up for this reference are that an award was passed by the Arbitration Tribunal, Chennai. It was put to execution under Section 36 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘the Act 1996’). In the said application, the District Judge, Raigarh by order dated 03.12.2019 held that the award would attract the ad-valorem Court fee and since along with the award a Stamp of Rs. 150/- was only attached and was put to execution within the jurisdiction of C.G. State, consequently, according to District Judge as per Section 19(a) of the Indian Stamp Act, 1899 (hereinafter referred to as ‘the Act 1899’) Court fees of Rs. 10550/- would be leviable and accordingly the order was passed to levy such stamp. The said order was subject of challenge before the High Court. The High Court by its order dated 24.03.2021 passed in WP (227) No. 129/2020 and WP (227) No. 131/2020 held that the order passed by the learned District Judge cannot be sustained and set aside the said order and directed the executive Court to proceed with execution in accordan
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