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2000 (11) TMI 1258

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..... . Directions were also issued to the treasury to give the receipted chalan on the same day. That order reads as follows: This application has been filed by the petitioner Under Section 11 of the Indian Arbitration and Conciliation Act, 1996. At the time of hearing of this application learned Counsel for the respondent has raised an objection that the general power of attorney dated 15-12-1997 issued by the petitioner company of Malaysia in favour of Mr. Noor Amiruddin Bin Mohd. Nordin, Senior Vice President/ General Manager, South Asian Region executed at Kualalumpur has not been properly stamped according to the Indian Stamp Act, 1899 and that, therefore, it is not admissible in India. The present petition Under Section 11 is signed by .....

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..... 10/-. The Registrar (Judicial) is directed to put his stamp on the chalan to be produced by the petitioner's counsel. Thereafter, the petitioner will deposit ₹ 110/- in the Treasury and produce the receipted challan back with the seal or endorsement of the treasury. Thereafter the Registrar (Judicial) will make an endorsement that the document was impounded by the Court and that the stamp duty and penalty has been paid. Then the document will be placed before Court. For the above purpose, the original power of attorney shall be produced before the Registrar (Judicial) for completing the above formalities. The Treasury Officer is directed to give the receipted challan on the same date on which it is presented, without raising .....

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..... ee months of execution, the stamp duty can be collected without impounding and without penalty. If the document is sought to be used as evidence beyond three months, the above said bar or three months shall not apply, and the document can be impounded Under Section 33 and stamp duty and penalty are levied, even after expiry of three months. 6. According to the decision of the Full Bench of the High Court of Allahabad in Mohammad Amir Ahmad Khan v. Deputy Commissioner and Ors. AIR1956All453, as affirmed by this Court in Government of Uttar Pradesh and Ors. v. Raja Mohammad Amir Ahmad Khan AIR1965SC1923 and also according to the decision of the Delhi High Court in J.S. Bhalla v. G. J. Bhawanani 23(1983)DLT125 , the procedure permitting sub .....

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