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1980 Supreme(All) 574

N.N.MITHAL, M.N.SHUKLA
S. B. Singh – Appellant
Versus
Union Of India (UOI) – Respondent


Advocates:
Advocate Appeared:
For the Appellant : R.K. Agarwal, adv

JUDGMENT :

M.N. Shukla, J.

The Appellant claiming to be the sole proprietor of the firm M/s. S.B. Singh & Sons carrying on business at Deoria, entered into a contract dated 21-8-1970 with the opposite parties relating to the sale of released bridge girders. There was a dispute between the parties and Sri K.M. Mall, Dy. General Manager of Respondent No. 1, was appointed arbitrator and he gave his award dated 1-12-1971. The Appellant prayed that the award be made a rule of the Court. The opposite-parties filed objections and one of the objections was to the effect that the award was not made on sufficiently stamped paper and hence it was a nullity.

2. On behalf of the Appellant it had been contended in the court below, that in the first instance the award was on sufficiently stamped paper and, in the alternative, if it was found to be insufficiently stamped he was prepared to make good the deficiency. The award was actually written on a paper bearing stamps worth Rs. 6325 only. The award was in respect of property worth Rs. 4,41,978/-. The Appellant had also valued his application at the same amount. According to Article 12(b) Sch. I of the Stamp Act an award made otherwise than by an o

















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