Supreme Court of India

Black Pearl Hotels (pvt) Ltd. v. M/s Planet M Retail Ltd.

Neutral citation
Reported as [2017] 2 S.C.R. 50
Bench Dipak Misra, R. Banumathi and Mohan M. Shantanagoudar JJ.
Decided 17 February 2017

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1 Supreme Court bench has cited this judgment.

What the Court ordered

In view of the aforesaid analysis. we allow the appeals, set aside the order passed in the main case as well as in the review and remit the matter to the High Court requiring the learned Single Judge to B determine the nature and character of the document and thereafter proceed with the matter in accordance with law.

Judgment, page 12

From the headnote

Karnataka Stamp Act, 1957: s. 33(2) Proviso (b) - Scope of - In petition u!s. 11 of Arbitration and Conciliation Act,1996, the Judge of High Court referred the matter to the Registrar - To examine the nature and character of the instrument and then to determine whether the instrument was duly stamped - Propriety of - Held: Proviso (b) to Sub-section (2) of s. 33 empowers the Judge of High Court only to examine the instrument for the purpose of determining as to whether the instrument is duly stamped or not and for impounding the same - The provision does not contemplate any adjudication as

Where later benches applied it

Of those, 1 referred to

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