DILLI BABU Vs. STATE OF KARNATAKA AND ORS.

JUDGEMENT

(1.) The petitioner is before this court assailing the order dated 23/8/2014 passed in Execution Case No. 1983/14 impugned at Annexure-C to the petition.

(2.) The petitioner in order to execute the award passed by the Arbitral Tribunal, had instituted the execution case in E.C.No.1983/14. The payment of stamp duty on the said document arose for consideration before the executing court in view of the note put up by the registry. The executing court, at the first instance, on hearing the learned counsel for the petitioner, was of the view that the stamp duty of Rs.2,05,972/- is payable keeping in view the provision contained in Article 11(b) of the Schedule to Karnataka Stamp Act. The petitioner has accordingly paid the stamp duty of Rs.2,06,000/-. Subsequent thereto, the registry has once again raised an objection in that regard to indicate that the petitioner cannot derive benefit of the substitution to Article 11(b) which has been made on 01/3/2014 since the arbitral award was passed on 08/11/2013 and the stamp duty provided for on that date in Article 11(b) is to be paid. The Executing Court has upheld the office note and has directed that the deficit of stamp duty be paid as per the office note under Article 20(1) of the Karnataka Stamp Act as Article 11(b) provided for the same. It is in that view, the petitioner is before this Court.

(3.) Heard the learned counsel for the parties and perused the petition papers.