![]() Therefore, it is very clear that with regard to the deficiency of stamp duty paid, an objection can be always raised at the stage of execution of the said award. ![]() In the case of M.Anasuya Devi (Supra), the Hon’ble Apex Court has held that at the time of enforcement of the award under Section 36 of the Arbitration and Conciliation Act, the parties can raise objection regarding its applicability on account of non registration and also for non stamping under Section 17 of the Registration Act. Therefore, it is very clear that the date for the purpose of quantifying the stamp duty payable on the instrument is the date on which the instrument was signed. ![]() “Section 2(f) ‘executed’ and ‘execution’ used with reference to instruments, mean ‘signed’ and ‘signature’. The word ‘execution’ has been defined in Section 2 of the Karnataka Stamp Act which reads as follows: Therefore, it is an option given to the parties in whose favour the arbitral award had been passed to pay the applicable stamp duty either before or at the time of execution. ![]() Instruments executed in the State of Karnataka – All instruments chargeable with duty and executed by any person in the State of Karnataka shall be stamped before or at the time of execution.”Ī plain reading of the said provision of law makes it clear that instruments shall be stamped before or at the time of execution. Section 17 of the Karnataka Stamp Act provides the time for stamping the instruments. Donald Dayanand Donald (Karnataka High Court)
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