Bengal Peerless Housing ... vs Tirupati Shubh Shopper Private ...
2021 Latest Caselaw 1596 Cal/2

    ORDER                                                              OD-1

                                RVWO/17/2018
                               IA NO:GA/1/2021
                       IN THE HIGH COURT AT CALCUTTA
                      CONSTITUTIONAL WRIT JURISDICTION
                                ORIGINAL SIDE


            BENGAL PEERLESS HOUSING DEVELOPMENT LIMITED
                               VERSUS
               TIRUPATI SHUBH SHOPPER PRIVATE LIMITED


  BEFORE:
  THE HON'BLE CHIEF JUSTICE PRAKASH SHRIVASTAVA

  DATE : 14TH DECEMBER, 2021.

  [Via Video Conference]

                                                                   APPEARANCE:
                                                  Mr. Abhrajit Mitra, Sr. Advocate
                                              Mr. Shamba Chakraborty, Advocate
                                                Mr. Triptimoy Talukder, Advocate
                                                Mr. Koushik Chatterjee, Advocate
                                                   Mr. Abhiraj Tarafdar, Advocate
                                             Mr. Swapan Bhattacharjee, Advocate
                                                            ......for the petitioner.
                                              Mr. Ratnanko Banerji, Sr. Advocate
                                               Mr. Jishnu Chowdhury, Advocate
                                               Mr. Ratnesh Kumar Rai, Advocate
                                                       Mr. Ankun Rai, Advocate
                                                         ......for the respondent.

The Court:- The applicant is seeking review of order of this Court dated

4th October, 2021 whereby the application filed by the respondent under Section

11 of the Arbitration and Conciliation Act, 1996 has been allowed by appointing

the arbitrator to resolve the dispute.

The submission of learned counsel for the applicant is that the

arbitration agreement is not sufficiently stamped, therefore, the same is required

to be impounded and sent to Collector of Stamp for ascertaining and payment of

the deficit stamp duty. He has also pointed out that against the order of this

Court, Special Leave to Appeal (C) No(s).19357/2021 was filed by the applicant

and by the order dated 3rd December, 2021, liberty has been granted to file the

review application.

Learned counsel for the respondent does not dispute that agreement to

sale, which contains the arbitration clause, is not sufficiently stamped. He

submits that he is ready for impounding of the said agreement and payment of

the deficit stamp duty. Referring to paragraph 26 of the judgment of the Supreme

Court in the matter of N. N. Global Mercantile (P) Ltd. vs. Indo Unique Flame Ltd.,

reported in (2021) 4 SCC 379, he has submitted that in the meanwhile arbitration

proceeding in pursuance of the order of this Court should continue. To this,

learned counsel for the applicant has not objected to continuation of the

arbitration proceeding in the meanwhile.

Hence, the present review application is disposed of by directing the

respondent to submit the original sale agreement containing the arbitration

clause in question before the Registrar, Original Side of this Court within two

days, who after impounding the same will send it to the jurisdictional Collector of

Stamp for ascertaining the deficit stamp duty and on payment of the deficit

stamp duty, the original agreement will be returned back to the respondent.

(PRAKASH SHRIVASTAVA, C.J.)

sm/akg