RAM PAUL SHARMA Vs. STATE

JUDGEMENT

(1.) WHETHER an award made by an arbitrator upon reference by the court under Section 20 of the Arbitration Act requires to be stamped under the provisions of the Stamp Act; is the important question of law requiring determination in this case. It has been urged that the awards delivered upon reference made by a court in any proceedings does not require any stamp duty under Article 12 of Schedule I of the Stamp Act.

(2.) THE facts of this case in brief are that the petitioner -claimant filed arbitration application No. 56/87 in this court which was referred to the arbitration of the Minister Incharge, Geology and Mining, J&K Government for adjudication of all the disputes between the parties in accordance with the provisions of the Arbitration Act. After entering upon the reference the arbitrator filed his award in this court, notices of which were issued to the parties on 6.7.1989. During the course of proceeding it transpires that the award filed in the court was not stamped in accordance with the provisions of the Stamp Act.

(3.) THE petitioner -claimant vide CMP No. 660 of 1989 has prayed that if it is held that the award requires to be stamped, the same may be directed to be stamped under the provisions of the Stamp Act.