M/S Hotchand Hemnadas Textiles vs M/S Sameer Colection
2023 Latest Caselaw 9621 MP

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                       MP No. 2760 of 2023
                                          (M/S HOTCHAND HEMNADAS TEXTILES Vs M/S ATLAS TAILOR)

                                                    MP/02762/2023, MP/02763/2023
                           Dated : 26-06-2023
                                 Shri Sulabh Samaiya, learned counsel for the Petitioners.

                                 These are petitions under Article 227 of the Constitution of India being
                           aggrieved by the order passed by 3rd ADJ Court, Barwaha, Dist. Mandleshwar
                           whereby the Court has dismissed the application for execution of arbitration
                           award on the basis of insufficient stamp on the award and the petitioners have

                           been directed to pay 2% stamp duty in the execution proceedings.
                                 2) Counsel for the petitioners submits that the petitioners have already
                           paid 2% stamp duty and, therefore, at the time of filing execution, they have not
                           required to pay 2% stamp duty. In support of his submissions, he placed
                           reliance on the judgment passed by Single Bench in M.P. No. 5942/2019
                           (Magma Fincorp. Ltd. vs. Omshankar & Anr.) dated 16.03.2020. The
                           Executing Court has rejected the contention of the petitioners and dismissed the
                           application under Section 151 CPC relying on a judgment passed by Single
                           Bench dated 01.11.2019 passed at Gwalior Bench in the case of Dharamveer

                           Sharma vs. State of M.P. and Ors. (M.P. No. 5582/2019). The trial Court
                           dismissed the application relying on the order passed in the case of
                           Dharamveer Sharma (supra) at Gwalior.
                                 3) Counsel for the petitioners submits that the trial Court has failed to
                           refer the subsequent judgment dated 16.03.2020 passed by Coordinate Bench in
                           the case of Magma Fincorp. Ltd. (supra). Thus, there are two inconsistent
                           orders of this Court and in the subsequent judgment, the previous judgment has
                           not been referred and explained.
Signature Not Verified
Signed by: SOUMYA
RANJAN DALAI
Signing time: 26-06-2023
17:26:11
                                                                 2
                                    4) The law relating to precedent has been settled by the Full Bench in the
                           case of Jabalpur Bus Operators Association vs. State of M.P. & Ors. ,
                           2003(1) MPHT 226 (FB) in which it was held that in case of conflict between
                           two decisions of the Apex Court, Benches comprising of equal number of
                           Judges, decision of earlier Bench is binding unless explained by the latter Bench
                           of equal strength, in which case the later decision is binding.
                                    5) Considering the same, issue notice to the respondents on payment of

PF within seven working days by registered post, returnable within 4 weeks.

(VIJAY KUMAR SHUKLA) JUDGE

soumya

Signature Not Verified Signed by: SOUMYA RANJAN DALAI Signing time: 26-06-2023 17:26:11