RIKHABDAS vs BALLABHDAS AND OTHERS

The Supreme Court held that an unstamped arbitration award cannot be remitted to the arbitrator under Section 16(1)(c) of the Arbitration Act, 1940, as the defect of lack of stamp is not an illegality apparent on the face of the award. The Court disapproved the earlier judgments in Ramkumar v. Kushalchand and Lakshmichand v. Kalloolal, affirming that once an award is made, the arbitrator is functus officio and cannot be directed to re-submit a fresh award under Section 151 of the Code of Civil Procedure. The appeal was dismissed, upholding the High Court's decision regarding the unstamped award.