Sachin Corporation vs Kusuma Bhandary Construction Pvt Ltd

Judgment text excerpt

Sachin Corp - Stamp Duty - 910.CARBPL.22660.2025 - FINAL.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL ARBITRATION PETITION (L) NO.22660 OF 2025 Sachin Corporation & Anr. ….Petitioners Versus Kusuma Bhandary Construction Pvt. Ltd. & Ors. ….Respondents Mr. E.A. Sasi a/w. Bhagyashri Mangale, Tejas Shinde & Arnav Rane, Advocates for Petitioners. Mr. Nirman Sharma i/b. Dharam & Co., Advocate for Respondents. CORAM: SOMASEKHAR SUNDARESAN, J. DATE : JULY 30, 2025 ORAL JUDGEMENT: Context: 1. This Petition has been filed seeking directions to the Collector of Stamps invoking Section 27 of the Arbitration and Conciliation Act, 1996 (“Arbitration Act”) to expeditiously complete the assessment of stamp duty and penalty as applicable, so that the instruments sought to be relied upon in evidence can be introduced into the proceedings and get examined by the Arbitral Tribunal. Page 1 of 23 JULY 30, 2025 Aarti Palkar Sachin Corp - Stamp Duty - 910.CARBPL.22660.2025 - FINAL.doc 2. Having heard Mr. E.A. Sasi, Learned Advocate representing the Petitioners and Mr. Nirman Sharma, Learned Advocate representing the Respondents, and having examined the record and the law with their assistance, in my opinion, it would be open to the Arbitral Tribunal to compute the value of the stamp duty without having to wait for the Stamp Authorities, in view of the framework envisaged in the Maharashtra Stamp Act, 1958 (“Stamp Act”). 3. While allowing the prayer made in the Petition could appear to be an obvious choice, on reflection, I felt it would be necessary to examine the requirements of law and consider whether, as a matter of law, it is necessary to hold up arbitration proceedings waiting only for instruments to be duly stamped. 4. It is seen that mul