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2017 (1) TMI 1662 - Tri - Companies LawArbitration proceedings - responsibility of completion of the project conditions within the stipulated time to the satisfaction of Dalmia group was originally entrusted with Bawri group - whether the arbitration agreements are required to be rejected for not being certified in accordance with the prescription of law? - HELD THAT:- Section 76 of the Evidence Act, therefore, clearly shows that only the public documents are to be certified by public servants. But section 76 further shows only certain classes of the public servants, as indicated in that section itself, are allowed to do the job. An essential corollary to such a proposition is that a public servant, in his capacity as public servant, cannot certify a document which is private one. The well apparent fact that in their section 9 application, the petitioners themselves admitted that they have sold their shareholding in the company to the Dalmia group on "as-is-where-is basis "makes such a conclusion inevitable. On considering such submission in the light of the materials on record, I have found to concur with such claim of the applicants. It goes without saying that observations made herein are only for the purpose of deciding issues as to whether the disputes should be referred to arbitrator and necessarily, same cannot be made applicable to any proceeding which the parties to this proceeding have already initiated or may have initiated in future. The tribunal would, therefore, proceed to decide the matter on the basis of materials placed before it - petition disposed off.
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