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TMI Blog2012 (9) TMI 1151X X X X Extracts X X X X X X X X Extracts X X X X ..... rd is not duly stamped, therefore, also award cannot be executed. It was prayed that application for enforcement of award be dismissed. Learned Court below dismissed the objections filed by the petitioner vide order dated 8-7-2011. Thereafter, another application under Section 47, CPC was filed, wherein it was alleged that objections relating to unstamped award has not been taken into consideration by the learned Court below, therefore, the same be taken into consideration and the petition filed by the respondent for enforcement of the award be dismissed. This application was also dismissed, hence this petition. 2. Mr. S.C. Bagadia, learned Senior Advocate appearing on behalf of petitioner submits that the impugned orders passed by the learned Court below are illegal, incorrect and deserve to be set aside. It is submitted that in the objections which were filed by the petitioner before the learned Court below by way of application under Order XXI Rule 58, CPC were in two folds, firstly that the petitioner was not a party to the arbitration agreement, therefore, the arbitration award passed by the GAFTA is not executable against the petitioner and secondly the award passed by GAF ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uted by any person, is executed out of Madhya Pradesh on or after the commencement of the Central Provinces and Berar Indian Stamp (Amendment) Act, 1939, and relates to any property situated, or to any matter or thing done or to be done, in Madhya Pradesh and is received in Madhya Pradesh. 3. Learned Counsel submits that Stamp Duty is payable as per Clause 11 of Schedule I-A of Indian Stamp Act, 1899, which reads as under:- 4. Learned Counsel further placed reliance on a decision in the matter of M/s Universal Imports Agency Vs. The Chief Controller of Imports and Exports, AIR 1961 SC 41, wherein Hon'ble Apex Court had a occasion to deal with the words Things done and held that the words things done are comprehensive enough to take in a transaction effected before the merger, though some of its legal effects and consequences projected into the post merger period. Applying the said principles to an import sale it may be stated that a purchase import involves a series of integrated activities commencing from the contract of purchase with a foreign firm and ending with the bringing of the goods into the importing country and that the purchase and resultant import fr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... led by the petitioner on 28-2-2011 wherein objection is raised to the effect that the award passed in Appeal No. 4112 is not properly stamped. It was alleged that as per Indian Stamp Act, the award is required to be stamped. In absence of such proper stamp duty the said award is not executable and enforceable because the award is not in accordance with the law applicable in India. Another objection was raised in the said application was that the petitioner is not party to the agreement. These objections were decided by the learned Court below vide order dated 8-7-11 whereby it was held that since the petitioner has participated in the arbitration proceedings and filed the appeal against the original award dated 16-5-05, therefore, it cannot be said that the petitioner is not party to the agreement. So far as other objection relating to stamp duty is concerned, learned Court below observed that it cannot be held that the order is in-executable in view of Section 48 of the A C Act. Thereafter, another application was filed by the petitioner under Section 47 of CPC, wherein again the objection was raised that the award is not properly stamped and in absence of stamp duty the award i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ld that since the object of the Act is to provide speedy and alternative solution of the dispute, the same procedure cannot be insisted under the new Act, when it is advisedly eliminated. If separate proceedings are to be taken, one for deciding the enforceability of a foreign award and the other thereafter for execution, it would only contribute to protracting the litigation and adding to the sufferings of a litigant in terms of money, time and energy. Avoiding such difficulties is one of the objects of the Act as can be gathered from the scheme of the Act and particularly looking to the provisions contained in Sections 46 to 49 in relation to enforcement of foreign award. The only difference as found is that while under the Foreign Award Act a decree follows, under the new Act the foreign award is already stamped as the decree. Thus, in our view, a party holding foreign award can apply for enforcement of it, but the Court before taking further effective steps for the execution of the award has to proceed in accordance with Sections 47 to 49. In one proceeding, there may be different stages. In the first stage, the Court may have to decide about the enforceability of the award hav ..... X X X X Extracts X X X X X X X X Extracts X X X X
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