IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 8^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

WRIT PETITION NO. 16149 OF 2021 (GM-CPC)

BETWEEN: BETWEEN:

M/S SUNDARAM BNP PARIBAS

HOME FINANCE LIMITED

HAVING ITS REGISTERED OFFICE AT

NO.46, WHITES ROAD

CHENNAI - 600 014

PRESENTLY KNOWN AS

M/S SUNDARAM HOME FINANCE LIMITED

HAVING ITS BRANCH OFICE AT NO.8

GROUND FLOOR, SAI PRABHU

SIRU PARK B-STREET SESHADRIPURAM

BANGALORE - 560 020

REPRESENTED BY IS AUTHORIZED OFFICER

S.M. KUTTAPPA.

...PETITIONER

(BY SMT. RADHA R, ADV.,)

Digitally signed by NANDINI M

S

AND:

Location: HI GH

COURT OF

KARNATAKA 1. MR. RAGHAVENDRA R

2. MRS. SWATHI S

BOTH ARE MAJOR

BOTH RESIDING AT

NO.99, KENCHAREDDY LAYOUT CHANNASANDRA, WHITEFIELD

BANGALORE - 560 032.

3. STATE OF KARNATAKA

REPRESENTED BY ITS SECRETARY

DEPARTMENT OF STAMPS

AND REGISTRATION INSPECTOR GENERAL OF STAMPS AND REGISTRATION KANDAYA BHAVAN, K.G. ROAD BANGALURU - 560 009.

...RESPONDENTS (BY SMT. RADHA RAMASWAMY AGA FOR R-3;

NOTICE TO R-1 & R-2 ARE D/W)

THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DTD. 17.08.2021 PASSED BY THE LEARNED LXXXIV ADDITIONAL CITY CIVIL AND SESSIONS COURT (CCH-85 COMMERCIAL COURT) AT BENGALURU IN EXECUTION PETITION NO.3407/2019 UNDER ANNX-A.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

ORAL ORDER

1. Petitioner is before this Court in this writ petition filed under Article 227 of the Constitution of India, with a prayer to set aside the order dated 17.08.2021 passed in Execution Petition No.3407/2019 by the Court of LXXXIV Addl. City Civil &

Sessions Judge (Commercial Court), Bengaluru. 2. Heard the learned Counsel for the parties.

3. Execution Petition No.3407/2019 was filed by the petitioner herein before the Commercial Court, Bengaluru, with a prayer to execute the arbitral award dated 08.09.2017 passed in ARC.No.AC/SBNPPHFL/11 of 2017 by the Arbitral Tribunal at Chennai, for a sum of Rs.31,09,308/- with interest at 18% per annum from the date of reference till realization and Rs.5,000/- towards arbitrator's fees.

4. Since the award was drawn on a stamp paper of Rs.150/-, having arrived at a conclusion that the award was deficitly stamped, the Executing Court exercising its powers under Sections 19 & 33 of the Karnataka Stamp Act, 1957 (for short, 'the Act'), had impounded the award and has directed the decree-holder to pay deficit stamp duty and ten times penalty as provided under Section 34 of the Act, to the tune of Rs.2,31,700/-. Aggrieved by the same, decree-holder is before this Court.

5. The award which is sought to be executed has been undisputedly passed by the Arbitral Tribunal at Chennai. Article 12 of the Tamil Nadu Stamp Act provides for payment of stamp duty on the award. The same reads as under:

6. Article 11(b) of the Act provides for payment of stamp duty on an award in State of Karnataka. Article 11(b)(i) of the Act states that where the amount or market value of the property as set forth in the award does not exceed Rupees fifty lakhs, then 3/4% of the amount or market value shall be paid as stamp duty on the award.

7. The award which is sought to be executed in Execution Petition No.3407/2019 is undisputedly drawn on a non-judicial stamp paper of Rs.150/-. Section 19 of the Act provides for payment of duty on certain instruments liable to increased duty in the State of Karnataka, which reads as under:

"19. Payment of duty on certain instruments liable to increased duty in the 1[State of Karnataka]- Where any instrument of the nature described in any article in the Schedule and relating to any property situate or to any matter or thing done or to be done in the 1[State of Karnataka]1 is executed out of the said State and subsequently received in the said State,—

(a) the amount of duty chargeable on such instrument shall be the amount of duty chargeable under the Schedule on a document of the like desc