A Division Bench dismissed a civil revision petition concerning stamp duty on an arbitration award as not pressed since the dispute was settled and paid. The substantive legal question regarding the applicability of stamp duty provisions was kept open.
Dismissed the civil revision petition as not pressed; question on stamp duty applicability kept open.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN
& THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 3RD DAY OF OCTOBER 2017/11TH ASWINA, 1939
CRP.No. 292 of 2013 ()
AGAINST THE ORDER DATED 19.01.2013 IN E.A.NO.340/2012 IN ACP (KOTAK) NO.102/2011 OF THE 2ND ADDITIONAL DISTRICT COURT, ERNAKULAM.
REVISION PETITIONERS/PETITIONERS/JUDGMENT DEBTORS:
1. V.A SREEKUMAR, AGED 55
2. V.A.SATHEESH, AGED 46 S/O.APPUKUTTAN, XIV-531, HARITHA RC ROAD, KARUVELIPPADY, MATTANCHERRY, COCHIN-682005.
BY ADVS.SRI.P.B.ASOKAN SRI.P.B.AJOY
RESPONDENTS/RESPONDENT/DECREE HOLDER:
KOTAK MAHINDRA BANK LTD THADIKKARAN CENTRE, PALARIVATTOM, COCHIN-682025, REPRESENTED BY ASSOCIATE LEGAL MR.SANEESH KUMAR.
BY ADV. SRI.S.SREEKUMAR (SR.) BY ADV. SRI.P.MARTIN JOSE BY ADV. SRI.THOMAS P.KURUVILLA
THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 03-10-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRP.No. 292 of 2013 () -----------------------
RESPONDENT'S ANNEXURES: NIL
APPENDIX:
PETITIONERS' ANNEXURES:
ANNEXURE A: TRUE COPY OF APPLICATION UNDER SECTION 47 OF CPC, 1908 ALONG WITH AFFIDAVIT.
ANNEXURE B: TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY the RESPONDENT.
ANNEXURE C: TRUE COPY OF THE ARBITRATION AWARD.
ANNEXURE D: TRUE COPY OF THE 194TH REPORT OF THE LAW COMMISSION.
TRUE COPY
P.A. TO JUDGE.
kp
P.N. RAVINDRAN & DEVAN RAMACHANDRAN, JJ
C.R.P. No. 292 of 2013
ORDER
P.N. RAVINDRAN, J.
This civil revision petition arises from the order passed by the Court of the District Judge of Ernakulam on 19.01.2013 in E.A.No.340 of 2012 in E.P.No.70 of 2012 in ACP (Kotak) No.102 of 2011. By the said order the court below dismissed the application filed by the judgment debtor for an order dismissing the execution petition on the ground that the award is not enforceable. The main ground raised before the execution court was that the award, a copy of which was produced by the decree holder in the execution court is not duly stamped. The court below held that the award has been duly stamped as per law in force in the State of Tamil Nadu and no additional stamp duty need be paid in the State of Kerala, when award is sought to be enforced.
C.R.P. No. 292 of 2013
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prosecuting the civil revision petition and therefore the same may be dismissed as not pressed.
In the light of the said submission and the memo dated 27.02.2015, this civil revision petition is dismissed as not pressed. The question whether in view of Rule 9 of the Kerala Arbitration and Conciliation (Court) Rules, 1997, Section 19 of the Kerala Stamp Act, 1959 is attracted, is kept open to be decided.
Sd/-
P.N. RAVINDRAN, JUDGE
sd/DEVAN RAMACHANDRAN, JUDGE
kp
2 issues framed by the court
Whether Section 19 of the Kerala Stamp Act applies to arbitration awards under Rule 9 of the Kerala Arbitration Rules in view of the forum shift to Kerala.
Whether the civil revision petition regarding stamp duty on the arbitration award should be allowed despite settlement of dues.
3 provisions across 3 enactments
V.A Sreekumar and others
Kotak Mahindra Bank Ltd
P.N. Ravindran
Devan Ramachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
