N.N. Global Mercantile Private ... vs M/S Indo Unique Flame Ltd. on 11 January, 2021
Author: Indu Malhotra
Bench: Indira Banerjee , Indu ... Civil) Nos.13132-13133 of 2020)
M/s. N.N. GLOBAL MERCANTILE PVT. LTD. … Appellant
Versus
M/s. INDO UNIQUE FLAME
N.N. Global Mercantile Private ... vs M/S Indo Unique Flame Ltd. on 25 April, 2023
Author: K.M. Joseph
Bench: Hrishikesh ... CIVIL APPEAL NO(S). 3802-3803 OF 2020
M/S. N.N. GLOBAL MERCANTILE
PRIVATE LIMITED … APPELLANT(S)
VERSUS
M/S. INDO UNIQUE
before the three learned
Judges of the Supreme Court in N.N. Global Mercantile Private
Limited vs. Indo Unique Flame Limited ... principal agreement were unstamped or insufficiently stamped, the
Court in N.N. Global observed thus:-
―26. In our view, there is no legal
Constitution Bench of the Supreme Court in the case of N.N. Global
Mercantile (P) Ltd. v. Indo Unique Flame Ltd1 (hereinafter referred ... N.N. Global').
2. In N. N. Global, it has been, inter alia, held as under:-
"110. Section
context in which this question arises follows.
2. In N N Global Mercantile (P) Ltd. v. Indo Unique Flame Ltd., 4 (hereinafter
referred ... N N Global 1”) a Bench of three Judges of this Court was called
upon in a Special Leave Petition to determine
wake of the Constitution Bench
judgment in the case of N.N.Global Mercantile Vs. Indo Unique
Flame ... argued that the five-Judge Bench in
N.N.Global has categorically held that, not every Agreement is a
Contract and only those
decision rendered by three learned Judges of that
Court in N.N. Global Mercantile Private Limited vs. Indo Unique
Flame Limited ... N.N. Global, the question of whether an insufficiently
stamped agreement which also contains an arbitration clause would be
hit by Section
three-judge Bench of this Court, in case of N.N Global Mercantile
Unique Pvt. Ltd. Vs. Indo . Unique Flame Ltd. and Others1 ... judge Bench of this Court in the recent case of N.N. Global Mercantile(P)
Ltd. (supra):
“4. It is well settled
hereafter 'Rashid Raza']; Vidya Drolia
(supra); and N. N. Global Mercantile Private Limited v. Indo Unique
Flame Limited ... OnLine SC 13 [hereafter 'N. N.
Global Mercantile Private Limited'] in support of his contention.
29. He submitted that the fraud
judgment of the Supreme Court in the case of N.N. Global
Mercantile Pvt. Ltd v. Indo Unique Flame ... argued that
notwithstanding the judgment of the Supreme Court in N.N. Global (supra),
the position in law remains unchanged in light
