OM METALS & MINERALS Vs. UNION OF INDIA

JUDGEMENT

(1.) THE Arbitrator has filed unstamped award and the question is: Whether it can be acted upon and made rule of the Court?

(2.) WHILE the petitioner has filed this C.M.P. for leave of the Court to allow him to pay the requisite stamp duty alongwith penalty, if any, on the unstamped award, respondent is resisting this on the plea that the award was neither legal nor admissible in evidence and was vitiated and could not be made a rule of the Court.

(3.) IT appears that the original award was filed by the arbitrator in this case in the Delhi High Court and after it was found unstamped, the parties sought time to examine the legal position in the matter as appears from the Court order dated 13 -12 -1989. Subsequently, the matter stood transferred to this Court as it was discovered that the Delhi High Court lacked jurisdiction to make the award a rule of the Court.