Valmiki J. Mehta, J.

1. In this petition, filed under Section 34 of the Arbitration and Conciliation Act, 1996, a preliminary issue has arisen with regard to whether the hearing of the petition on merits can take place or the same is to be deferred till payment of the requisite stamp duty and applicable penalty. The need for decision on this preliminary issue has arisen because of the objection taken by this Court, suo moto, with regard to the non-entitlement of the petitioner to argue the petition unless the impugned Award is impounded under Section 33 of the Stamp Act, 1899 and stamp duty with penalty is paid either as per the orders of this Court under Section 33 of the Stamp Act or by the Collector under Section 40 of the said Act. The respondent Union of India was not represented at the hearing, and as already stated by me, the objection under Section 33 of the Stamp Act has been raised by this Court suo moto. There is another issue as to whether by one petition two separate Awards can be challenged, but, I am not taking notice of the same for the present.

2. The Awards came to be passed on account of the disputes which arose between the parties wherein the petitioners were gran