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
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
Court in the said case,
while overruling the case of N.N. Global, held that the non-obstante clause
engraved in Section ... case, we are unable to agree with the decision in N.N. Global
(2) [N.N. Global Mercantile
decision of the Hon'ble Apex Court in N.N. Global Mercantile (P)
Ltd. v. Indo Unique Flame ... under:
81. The decision of the Supreme Court in N.N. Global Mercantile
(P) Ltd. case [ N.N. Global Mercantile
have
been overruled by the Supreme Court in N.N. Global Mercantile Pvt.
Ltd. v. Indo Unique Flame ... N.N. Global judgment, the Supreme Court has expressly held
that:- (a) there is no legal impediment on the enforceability of an
arbitration
unstamped, and after the judgment in N.N. Global Mercantile (P) Ltd. v.
Indo Unique Flame Ltd. , 2023 SCC OnLine ... have had an occasion to examine the
concern raised in N.N. Global case, however, this case, is not one such
scenario
Supra), the Court followed the judgment of Supreme Court in N. N. Global
v. Indo Unique Flame,2 however, failed to notice that ... judgment in N.N.
Global (Supra) does not take into consideration an earlier view of the
Supreme Court in Dharmaratnakara Rai Bahadur Arcot
relied on the judgment of the Supreme Court in N.N.
Global Mercantile Pvt. Ltd. v. M/s Indo Unique Flame ... learned Arbitrator.
4. In fact, the decision in N.N. Global Mercantile1 defeats the
submission of Mr. Saini. Paras
Steel Ltd. vs. Dilip Construction Company , (1969) 1
SCC 597; N.N. Global Mercantile Private Limited vs. Indo Unique
Flame Ltd. and Others ... documents if
insufficiently stamped had been explained in N.N. Global Mercantile
Private Limited vs. Indo Unique Flaim
