GAJANAN RAMACHANDRA VELANGI Vs. VIJAYA IRAPPA

JUDGEMENT

(1.) Whether an Arbitral Tribunal having authority to receive evidence, has the power under Section 33 of the Karnataka Stamp Act, 1957 ('the Act'), to impound any instrument (document) as defined under Section 2(j) of the Act, if it is not duly stamped?

(2.) This intra court appeal is directed against an order of a learned Single Judge dated 11.02.2015 made in Writ Petition No.68108 of 2010. By the impugned order, the learned Single Judge has dismissed the appellant's writ petition as devoid of merit. In the writ petition, the appellant had challenged the order dated 19.05.2010 passed by the Arbitral Tribunal whereby it impounded the agreement of sale dated 14.04.2002 on the ground that it was not duly stamped. The appellant had also challenged the order dated 16.07.2010 passed by the District Registrar whereby the appellant was directed to pay the deficit stamp duty of Rs.8,55,000/- on the aforesaid agreement of sale and also a penalty of Rs.5,000/-.

(3.) We have heard Sri. F.V. Patil, learned counsel appearing for the appellant and perused the impugned order. The sole contention urged by the learned counsel for the appellant is that the Arbitral Tribunal which impounded the document had no power under Section 33 of the Act to impound the document, and hence, the order of the Arbitral Tribunal dated 19.05.2010 is liable to be set aside.