THE HIGH COURT OF KARNATAKA
S.R.KRISHNA KUMAR, J
MEENA BAZAAR A PROPRIETORSHIP FIRM – Appellant
Versus
MOHAMMED AMIN ABUBAKER – Respondent
| Table of Content |
|---|
| 1. parties involved and nature of petition. (Para 1) |
| 2. analysis of relevant legal provisions and jurisprudence. (Para 2 , 5) |
| 3. applications under arbitration and stamp act. (Para 3 , 4) |
| 4. conclusion from larger bench on stamping objections. (Para 6) |
| 5. order to set aside and remand for reconsideration. (Para 7) |
ORAL ORDER
This petition by defendant No.1 in Comm.O.S.No.1563/2022 is directed against the impugned order dated 23.05.2023, whereby the application-I.A.No.3 filed by respondent Nos.1 and 2/plaintiffs under Section 33 of the Karnataka Stamp Act was allowed while the applications- I.A.No.2 and I.A.No.6 filed by the petitioner/defendant No.1 and respondent No.3/defendant No.2 under Section 8 of the Arbitration and Conciliation Act were deferred by the trial Court till payment of deficit stamp duty and penalty on the documents by the defendants.
2. Heard learned counsel for the petitioner and learned Senior counsel appearing for the respondent No.1 and caveator respondent No.2 and perused the material on record.
3. A perusal of the material on record will indicate that respondent Nos.1 and 2/plaintiffs instituted the aforesaid suit against the petitioner/defendant No
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