Arbitration and Conciliation Act

mahesh (Querist) 16 July 2009 This query is : Resolved
Hai all

the question is

"can an agreement or a document be impounded by the judge in the proceedings under section 11 of the Abitration and conciliation act 1996"

if the same is permissable any judgment to that effect.

Thank you

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Murali Krishna (Expert) 16 July 2009
Why don't make your question more clear?

1.Impounding can be done in case of less stamp fee.

2. S.11 of A&C Act deals with appointment of arbitrators.

I see your question has no relation to these two.

mahesh (Querist) 16 July 2009
the proceedings have been intiated under section 11 of the Arbitration and conciliation act 1996 for appointment of arbitrator before the high court. the said proceedings are intiated on the strength of an Agreement which is not duly stamped.

hence my question is can a Judge who is adjudicating a case under Section 11 of the Arbitration act, has the power to impound a document, which is produced before him.

i request for a judgment if any

Murali Krishna (Expert) 18 July 2009
I feel judge has power to impound an understamped document under his powers under S.151 CPC. However, it is a curable defect. It does not come in the way of implemntation of the award, once defect is cured.

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