Stamp duty on arbitration award in the state of u.p.
Sanjay Agarwal
(Querist) 01 October 2011
This query is : Resolved
what are the options available to J.D. when execution is filed for realising the awarded amount and award itself is not stamped correctly
adv. rajeev ( rajoo )
(Expert) 01 October 2011
On this ground you cannot to dismiss the execution petition. Even if you filed an appeal against the J & D on the ground of not properly stamped, it can be rectified in an appeal. Find other grounds to file an appeal and dismiss the execution petition.
Raj Kumar Makkad
(Expert) 01 October 2011
If decree under execution is not duly stamped then also JD has got no right to object in execution petition, however, he may prefer an appeal against the decree on this ground. Practically, if all other grounds of decree/award are heavily against the JD then he should not raise this question because if decree holder affixes proper stamp duty, its ultimate burden is going to be shifted against JD.
prabhakar singh
(Expert) 01 October 2011
Objection as to insufficiency of stamp duty is a curable defect,moreover its ultimate burden goes on the JD himself if award is allowed with cost,if so is the case you may think what shall you gain if that is the only ground you have to object.
Chanchal Nag Chowdhury
(Expert) 01 October 2011
At most the DH will be asked to pay the deficit + penalty upto 10 times the deficit amount but that is no ground to avoid execution.
Sailesh Kumar Shah
(Expert) 03 October 2011
There is no effect on realising the awarded amount and award.It can be impounded to the collector on request.
