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Documents citing M/S Sms Tea Estates P.Ltd vs M/S Chandmari Tea Co.P.Ltd on 20 July, 2011

M/S N.N. Global Mercantile Private ... vs M/S Indo Unique Flame Ltd. on 25 April, 2023

As far as the finding in paragraph-28 of N.N. Global (supra) that the decision in SMS Tea Estates (supra) does not lay down the correct law, when it holds that an Arbitration Agreement, in an unstamped commercial contract, cannot be acted upon or is rendered unenforceable, we are of the view that the finding in N.N. Global (supra) does not appear to be correct.
Supreme Court of India Cites 229 - Cited by 104 - K Joseph - Full Document

Relan Infracon Pvt. Ltd vs Jasvinder Kaur on 14 December, 2022

We are of the considered view that the finding in SMS Tea Estates [SMS Tea Estates (P) Ltd. v. Chandmari Tea Co. (P) Ltd., (2011) 14 SCC 66 : (2012) 4 SCC (Civ) 777] and Garware [Garware Wall Ropes Ltd. v. Coastal Marine Constructions & Engg. Ltd., (2019) 9 SCC 209 : (2019) 4 SCC (Civ) 324] that the non-payment of stamp duty on the commercial contract would invalidate even the arbitration agreement, and render it non-existent in law, and unenforceable, is not the correct position in law.
Delhi High Court - Orders Cites 29 - Cited by 3 - Y Varma - Full Document

Damont Developers Pvt. Ltd Through Its ... vs Brys Hotels Pvt. Ltd. on 7 March, 2019

8. Learned counsel for the respondent urged at the time of the hearing that the MOU dated 17th September, 2016 is not duly stamped and therefore, liable to be impounded under Sections 35 and 38 of the Indian Stamp Act in the first instance. With respect to the judgment of SMS Tea Estates Private Ltd. v. Chandmari Tea Company Private Ltd. (supra), it was submitted that the insufficiently stamped document is not admissible in evidence and hence, parties cannot be relegated to arbitration.
Delhi High Court Cites 29 - Cited by 0 - J R Midha - Full Document

Vr Commodities Private Limited vs Norvic Shipping Asia Pte. Ltd., on 5 May, 2022

Therefore, basing on the principle laid down in ―Garware Wall Ropes Limited v. Coastal Marine Constructions and Engineering Limited‖ and ―SMS Tea Estates Private Limited vs. Chandmari Tea Company Private Limited‖ (referred supra), it is difficult to uphold the contention of the learned counsel for the appellant since the same was turned down by the Full Bench indirectly while referring the matter to the Constitution Bench.
Andhra Pradesh High Court - Amravati Cites 42 - Cited by 0 - P K Mishra - Full Document

World Sport Group (Mauritius) Ltd. vs Msm Satellite(Singapore) Pte. Ltd. on 24 January, 2014

In the aforesaid case, this Court has held that if the document containing the main agreement is not found to be duly stamped, even if it contains arbitration clause, it cannot be acted upon because Section 35 of the Stamp Act bars the said document from being acted upon, but if the document is found to be duly stamped but not registered though required to be compulsorily registered, the court can act upon the arbitration agreement which is a collateral term of the main agreement and is saved by the proviso to Section 49 of the Registration Act. Thus, as per the aforesaid decision of this Court in SMS Tea Estates (P) Ltd. v. Chandmari Tea Co. (P) Ltd. (supra), the court will have to see in each case whether the arbitration agreement is also void, unenforceable or inoperative along with the main agreement or whether the arbitration agreement stands apart from the main agreement and is not null and void.
Supreme Court - Daily Orders Cites 33 - Cited by 0 - A K Patnaik - Full Document

Baleshwar Sharma vs Nageshwar Pandey on 13 January, 2017

28. The law in respect of documents that are compulsorily registrable has been explained by the Supreme Court in its decision in SMS Tea Estates Private Limited v. Chandmari Tea Company Private Limited (supra). The Supreme Court analysed Section 33 read with Section 38 of the ISA and the consequences of the decision in payment of stamp duty. The Court summarised the legal position as under:
Delhi High Court Cites 27 - Cited by 0 - S Muralidhar - Full Document

World Sport Group (Mauritius) Ltd vs Msm Satellite(Singapore) Pte. Ltd on 24 January, 2014

Therefore, even if a deed of transfer of immovable property is challenged as not valid or enforceable, the arbitration agreement would remain unaffected for the purpose of resolution of disputes arising with reference to the deed of transfer.” In the aforesaid case, this Court has held that if the document containing the main agreement is not found to be duly stamped, even if it contains arbitration clause, it cannot be acted upon because Section 35 of the Stamp Act bars the said document from being acted upon, but if the document is found to be duly stamped but not registered though required to be compulsorily registered, the court can act upon the arbitration agreement which is a collateral term of the main agreement and is saved by the proviso to Section 49 of the Registration Act. Thus, as per the aforesaid decision of this Court in SMS Tea Estates (P) Ltd. v. Chandmari Tea Co. (P) Ltd. (supra), the court will have to see in each case whether the arbitration agreement is also void, unenforceable or inoperative along with the main agreement or whether the arbitration agreement stands apart from the main agreement and is not null and void.
Supreme Court of India Cites 33 - Cited by 41 - A K Patnaik - Full Document

Delhi Integrated Multi Modal Transit ... vs Jharkhand Urban Infrastructure ... on 17 February, 2022

Learned counsel for the applicant has submitted that in view of law laid down by Hon'ble Apex Court in the aforesaid case, submission of learned counsel for the respondent to the effect that for want of stamp duty the instant applications are not maintainable, is not worth to be considered. It has further been submitted that so far as other submission i.e. straightway approaching this Court by making request for appointment of arbitrator as per terms of agreement as under clause 21.3 is concerned, the 14 same is not correct in view of the fact that before resorting to the aforesaid condition of agreement several requests have been made for amicable settlement of the dispute as also for settlement of dispute through conciliation or mediation as would appear from letters appended to the arbitration application. In furtherance to such submission it has been submitted that even accepting the submission advanced by learned counsel for the respondent regarding the issue of stamp duty, the agreement/contract, which is subject matter of claim herein is having sufficient stamp duty.
Jharkhand High Court Cites 11 - Cited by 0 - S N Prasad - Full Document

Aparna Philip vs Dr. Jayalakshmi Shreedhar on 18 August, 2025

24. The view arrived by the Honourable Supreme Court in SMS Tea Estates Vs. Chandmari Tea Company reported in 2011 (14) SCC 66 that the clause of arbitration operates as an independent agreement unaffected by the need for registration of the document was not altered / revised by the Honourable Supreme Court in the seven Judge Bench Judgment in the case of INRE - Interplay between Arbitration 19/26 https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/08/2025 04:44:06 pm ) Arb.O.P. (Com.Div.) No.421 of 2023 Agreements under the Arbitration and Conciliation Act, 1996 and the Indian Stamp Act. The Honourable Supreme Court in the aforesaid decision has only held that inadequately stamped documents are inadmissible in evidence under Section 35 of the Stamp Act, but, however, held that non stamping or inadequate stamping is a curable defect.
Madras High Court Cites 19 - Cited by 0 - A Quddhose - Full Document
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