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TMI Blog2020 (3) TMI 1358X X X X Extracts X X X X X X X X Extracts X X X X ..... me in the present appeal in order to argue that the impugned Order suffers from an error. The respondent is right in its contention that the documents now sought to be relied upon were in existence before the application was filed by the appellant and the appellant should have been cautious and diligent enough to file the said documents along with the application. The appeal is dismissed. - ARB. A. (COMM.) 12/2020 - - - Dated:- 4-3-2020 - MS. JYOTI SINGH, J. For The Appellant: Ms. Maneesha Dhir, Mr. Karan Batura Ms. Mallika Chadha, Advocates For The Respondents: Mr. Sudhir Kumar Mr. Sumit Gaur, Advocates ORDER MS. JYOTI SINGH, J. 1. The present appeal has been filed impugning the order dated 27.02.2020 pas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... plot, for determination of value of the property, perhaps Section 47-A(2) would not be needed at all. 6. Counsel for the respondent (original petitioner) has also relied upon several decisions. As the matter is being remanded by the learned Single Judge and as we are dismissing this appeal, without going into the details of the judgments, but, suffice it to say that the circle rates are not the only factors to be kept in mind by the Collector. The circle rate can be one of the factors to be kept in mind by the Collector for determination of the value under Section 47A of the Indian Stamp Act, 1899, especially, when the person who has approached for registration of the sale deed is disputing the valuation pointed out by the registering ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the appellant is repeatedly filing appeals and applications only to evade compliance with the order of the Arbitrator directing the appellant to secure the respondents during the Arbitration Proceedings. Once this Court has dismissed the earlier appeal being Arb. A. COMM. 4/2019, the same issue cannot be reagitated in the present appeal. 7. Having heard learned counsels for the parties, I am of the opinion that the contention of the respondent is legally justified. 8. The Arbitrator in the impugned Award has given a reasoning to decline the prayer of the appellant herein and the relevant para reads as under: I have gone through the documents filed with the application. The value of the property which is sought to be offered ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e said documents along with the application. In his wisdom, the Arbitrator has gone by the Valuation Report placed before it and formed an opinion that the valuation of the property is not enough to secure the amount in aid of the arbitration proceedings. I find no infirmity in the impugned order. 10. The appeal, along with the accompanying application, is dismissed. 11. At this stage, learned counsel for the appellant seeks liberty to approach the Arbitrator to bring to his notice the relevant documents being relied upon in the Court, so that proper valuation of the property, sought to be offered as security, can be carried out. The appellant is at liberty to resort to whatever appropriate remedies that may be available to the appell ..... X X X X Extracts X X X X X X X X Extracts X X X X
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