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SUREPALLI NANDA
Suripalli Prasad Rao – Appellant
Versus
Anand Mallipudi – Respondent
ORDER:
Heard the learned counsel for the Petitioner and learned counsel for the respondent
2. This Arbitration Application is filed praying to appoint a Sole Arbitrator to adjudicate the claims and disputes between the Applicant and Respondent Pursuant to the Agreement of Sale dated 27.09.2018.
3. The case of the Petitioner, in brief, is as follows:
a) The Applicant and the Respondent entered into an unregistered Agreement of Sale dated 27-09-2018 for the land admeasuring Acres 0.20 Gts as well as residential house admeasuring 4000 sq. Ft bearing House No. 3 forming part of the total land belonging to the Respondent herein admeasuring Ac. 2.39 Gts forming part of Sy. No. 680/1 and 680/2 (Ac. 2-20 gts in Sy. No. 680/1 & Ac. 0.19 Gts in Sy. No. 680/2) of Janwada Grampanchayath, Sankarpally Mandal, Rangareddy District, Telangana.
b) As per the Agreement of Sale, the Applicant had paid an amount of Rs. 1,25,00,000/-at the time of entering the Agreement of Sale and later the Applicant had Rs. 50,00,000/-on various dates through various mode of transfers and cash.
c) As per the terms of the Agreement of Sale, the Respondent herein has agreed to complete the construction of residential house an
The enforceability of an arbitration agreement is independent of the stamping of the agreement, and objections regarding stamp duty must be resolved by the Arbitral Tribunal, not the Court.
The admission of an unstamped document in arbitration prevents later challenges based on its insufficiency, as established by Section 36 of the Indian Stamp Act, 1899.
The main legal point established is the mandatory impounding of unstamped arbitration agreements and the delineation of the procedure to be followed in dealing with such agreements.
The main legal point established is that the admission of an insufficiently stamped document as evidence must adhere to the provisions of the Indian Stamp Act, including impoundment and proper collec....
The main legal point established in the judgment is that a document can be insufficiently stamped, not unstamped, and the appointment of an arbitrator is necessary to avoid holding up arbitration pro....
An unstamped document is inadmissible for any purpose, including collateral purpose, as per Section 35 of the Indian Stamp Act, 1899.
The principle of separability, clause pertaining to settlement of disputes by Arbitration contained in substantive agreement can be taken into consideration even to decide an application under Sectio....
The sufficiency of stamp duty payment rendered the document admissible, and the named arbitrator was disqualified, leading to the appointment of Hon’ble Shri Justice K. K. Lahoti as Arbitrator.
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