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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K.SUJANA
Lifeshine Medical Services Pvt. Ltd – Appellant
Versus
Alety Jeevan Reddy – Respondent
ORDER :
K. SUJANA, J.
The present revision petition is filed being aggrieved by the order dated 24.12.2022 passed by the Arbitral Tribunal comprising of the Sole Arbitrator, whereunder, the petitioner herein who is the respondent in Arbitration Application No.198 of 2021 filed a petition before the Arbitral Tribunal under Section 19 of the Arbitration and Conciliation Act, 1996 (for short ‘Act, 1996’) praying to decide the arbitrability of the claims which are based on insufficiently stamped document and an unregistered lease agreement dated 01.05.2018 executed by respondent Nos.1 and 2 herein who are claimants in the said Arbitration Application.
2. The brief facts of the case are that vide proceedings dated 19.11.2022 from the pre-trial enquiry for settlement of issues and marking of documents and for taking further steps, the Arbitral Tribunal, having heard both sides at length with reference to the submissions on what documents to mark with consent or without consent, framed six issues in total and decided to mark Exs.C1- C22 and Exs.R1-R24, some of which were marked subject to objection. It is contended that Ex.C1 is a copy of the Hospital Lease Agreement (Claim Statement enclo
Courts should minimize intervention in arbitration until awards are pronounced, only assessing arbitrability when objections about document validity arise under the Arbitration Act.
An arbitration agreement in an unregistered and unstamped lease is not void; issues of stamping must be resolved by the arbitral tribunal, not the civil court.
Section 12 sets out grounds of challenge to person appointed as arbitrator and duty of an arbitrator appointed, to disclose any disqualification he may have.
A party's previous unrelated legal action does not waive their right to invoke arbitration if the subsequent application under Section 8 is filed before their first substantive statement in a related....
The distinction between non-payment and insufficiency of stamp duty, and the need to leave the determination of insufficiency to the arbitrator.
Judicial review under Article 227 can intervene in arbitration matters to ensure justice, particularly regarding the acceptance of amendments and additional documents.
Provision under Section 31(5) of Act is clear that after arbitral award is made, a signed copy shall be delivered to each party.
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