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2020 Supreme(MP) 271

SUBODH ABHYANKAR
Magma Fincorp Ltd. – Appellant
Versus
Omshanker And Another – Respondent


Advocates Appeared:
Shri S.K. Rao, Learned Senior Counsel with Shri Vineet Pandey, Advocate, for the Appellant; Shri Aatma Ram Bain, Learned Counsel, for the Respondents; Shri Akshay Pawar, Learned Panel Lawyer, for the State

JUDGMENT

1. This petition has been filed by the petitioner Magma Fincorp Limited under Article 227 of the Constitution of India against the order dated 18.9.2019 (Annexure P-1) passed in Arbitration Execution Case No.42/2015 by the 4th Additional District Judge, Chhindwara, whereby the learned Judge of the Executing Court, in an execution proceedings initiated under Section 36 of the Arbitration and Conciliation Act, 1996 (for short 'AC Act' ) has directed the petitioner to pay the deficit stamp duty on the award of Rs.3,75,573/-, which was passed on 19.11.2013 in Calcutta.

2. Shorn of unnecessary details, the facts of the case are that the petitioner-company is duly registered under the Companies Act, 1956 having its registered head office at Calcutta. The case of the petitioner is that certain loans in the nature of higher purchase agreement were advanced to the respondents and on account of nonpayment of the same, arbitration clause contained in the agreement was invoked by the petitioner-company and pursuant to which the Arbitrator passed the final award on 19.11.2013 directing the respondents to pay a sum of Rs.3,75,573/- with interest @ 3% per month as provided in the agreemen

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