IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.10169 OF 2018 C/W WRIT PETITION NO.10170 OF 2018 (GM-RES) WRIT PETITION NO.10169/2018 BETWEEN SUNDARAM FINANCE LIMITED A COMPANY INCORPORATED UNDER INDIAN COMPANIES ACT, 1913 HAVING ITS REGISTERED OFFICE AT NO.21, PATULLOS ROAD, CHENNAI. REP. BY ITS DEPUTY MANAGER-LEGAL MR. B.C. RENUKA PRASAD.
(By Mr. B.C. AVINASH, ADV.,) AND 1. MR. K G SHIVAPRASAD S/O MR S GURUSIDDAPPA KONDAPURA, GULUR (HOBLI) CHIKKASARANGI (POST) TUMKUR -572101 KARNATAKA.
ALSO AT:
1. MR K G SHIVAPRASAD S/O MR K S GURUSIDDAPPA KONDAPURA, TUMKUR TALUK TUMKUR DISTRICT, MYDALA KARNATAKA-572104.
... PETITIONER 2. MR K S GURUSIDDAPPA S/O MR K SIDDALINGAIAH KONDAPUR, CHIKKASARANGI POST GULUR HOBLI, KANAKUPPE TUMKUR-572120 KARNATAKA.
…. RESPONDENTS (V/O DTD: 25-01-2019 R1 & R2 ARE DEEMED TO HAVE BEEN SERVED R1 & R2 ABSENT AND UNREPRESENTED) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 24.02.2018 PASSED IN UNNUMBERED MISC. CASE NO. OF 2018 IN I.A.NO.47/2017 IN ARB. CASE NO.KB/SF/186/2017 BY THE HON'BLE PRINCIPAL DISTRICT & SESSIONS JUDGE, TUMKUR, VIDE ANNEXURE-J, TO THIS WRIT PETITION, IN SO FAR IT RELATES TO DIRECTION ISSUED BY THE TRIAL COURT TO PAY THE STAMP DUTY ON HTE INTERIM ORDER PASSED BY THE ARBITRATOR AND ALSO TO PRODUCE THE RELEVANT DOCUMENTS FOR ISSUING ATTACHMENT WARRANT AND DIRECT THE LEARNED HON'BLE PRINCIPAL DISTRICT & SESSIONS JUDGE, TUMKUR TO IMPLEMENT THE ORDER DATED 07.02.2018 PASSED BY THE LEARNED ARBITRATOR IN I.ANO.47/2017 IN ARB. CASE NO. KB/SF/186/2017 IN ACCORDANCE WITH SEC.136 CPC CONSIDERING THE FACTS AND CIRCUMSTANCES OF THE CASE.
WRIT PETITION NO.10170/2018 BETWEEN SUNDARAM FINANCE LIMITED A COMPANY INCORPORATED UNDER INDIAN COMPANIES ACT, 1913 HAVING ITS REGISTERED OFFICE AT NO.21, PATULLOS ROAD, CHENNAI REP. BY ITS DEPUTY MANAGER-LEGAL MR. B.C. RENUKA PRASAD.
(By Mr. B C AVINASH, ADV.,) ... PETITIONER AND 1. MR K G SHIVAPRASAD S/O MR. S. GURUSIDDAPPA KONDAPURA, GULUR (HOBLI) CHIKKASARANGI (POST) TUMKUR-572 101, KARNATAKA.
ALSO AT:
1. MR. K.G. SHIVAPRASAD S/O MR. K.S. GURUSIDDAPPA KONDAPUARA, TUMKUR TALUK TUMKUR DISTRICT, MYDALA KARNATAKA-572 104.
2. MR. K.S. GURUSIDDAPPA S/O MR. K. SIDDALINGAIAH KONDAPUR, CHIKKASARANGI POSTGULUR HOBLI, KANAKUPPE TUMKUR-572 120, KARNATAKA.
... RESPONDENTS (V/O DTD 25/1/19 R1 & R2 ARE DEEMED TO HAVE BEEN SERVED R1 & R2 ABSENT AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 24.02.2018 PASSED IN UNNUMBERED MISC. CASE NO. OF 2018 IN I.A.NO.46/2017 IN ARB. CASE NO. KB/SF/187/2017 BY THE HON'BLE PRINCIPAL DISTRICT & SESSIONS JUDGE, TUMKUR, VIDE ANNEXURE-J, TO THIS WRIT PETITION, IN SO FAR IT RELATES TO DIRECTION ISSUED BY THE TRIAL COURT TO PAY THE STAMP DUTY OF THE INTERIM ORDER PASSED BY THE ARBITRATOR AND ALSO TO PRODUCE THE RELEVANT DOCUMENTS FOR ISSUING ATTACHMENT WARRANT AND DIRECT THE LEARNED HON'BLE PRINCIPAL DISTRICT & SESSIONS JUDGE, TUMKUR TO IMPLEMENT THE ORDER DATED 07.02.2018 PASSED BY THE LEARNED ARBITRATOR IN I.A.NO.46/2017 IN ARB. CASE.NO. KB/SF/187/2017 IN ACCORDANCE WITH SEC. 136 CPC CONSIDERING THE FACTS AND CIRCUMSTANCES OF THE CASE.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.B.C.Avinash, learned counsel for the petitioner. None for the respondents.
2. In this petition, the petitioner seeks for quashment of the impugned order dated 24.02.2018 passed in Misc. Case No /2018 in I.A.No.47/2017 in Arb.Case No.KB/SF/186/2017 by which the Principal District and Sessions Judge, Tumkur has directed the petitioner to pay the stamp duty on an order passed under Section 17(2) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘the Act’ for short) and has further directed to produce the relevant documents for issuing attachment warrant.
3. This Court by an order dated 02.01.2019 passed in W.P. No.47897 OF 2018 has already held that an ‘order’ passed under Section 17(2) of the Act is not an ‘Award’ eligible to the levy of stamp duty. For the reasons assigned in the aforesaid decision, the impugned order is quashed. The petition is allowed.
Sd/- JUDGE SS