SUNIL GUPTA Vs. ROOTS CORPORATION LIMITED

JUDGEMENT

(1.) The petitioner is in the second round of litigation. In the first round a similar petition was filed under Section 11 of the Arbitration and Conciliation Act, 1996 (in short "1996 Act") which was disposed of via order dated 04.10.2016. This petition was numbered as ARB. P. No.444/2012. The petitioner was unable to get any relief in the first round; principally, on account of the objection raised by the respondent that the Agreement to Lease dated 01.03.2007 (ATL), which contained the purported arbitration agreement obtaining between the parties was not adequately stamped and registered. The operative directions contained in the order dated 04.10.2016 read as follows: -

(2.) Pursuant to the aforesaid, the petitioner appears to have written to the Collector of Stamps (Ludhiana West District), Ludhiana, on 06.10.2016. The request made by the petitioner was that the Collector of Stamps should recalculate the stamp duty in accordance with law which was required to be paid in respect of the ATL. A copy of the order dated 04.10.2016, passed by this Court as also the ATL were enclosed.

(3.) As to why the determination was made, has its genesis in the earlier arbitration, petition to which I have made reference above, i.e. ARB. P. No.444/2012.