Search Results Page

Search Results

1 - 10 of 261 (2.46 seconds)
Documents citing M/S N.N. Global Mercantile Private ... vs M/S Indo Unique Flame Ltd. on 25 April, 2023

Mr. Saripalli Prasad Rao vs Mr. Anand Mallipudi on 18 July, 2023

In so far as plea made by the petitioner vide memo dated 11.07.2023, the same cannot be granted in view of the discussion and the law and the law as laid down in the judgment of the Apex Court at paras 98, 99, 100, 101, 104, 105, 106, 107, 108, 109 and 111 of the Five Judges Bench Judgment dated 25.04.2023 reported in 2023 SCC online SC 495 in N.N.Global Mercantile Private Limited v Indo Unique Flame Limited and others, which in clear explicit terms at Paras 110 and 111, in particular held that the Court cannot be invited to act upon a copy of an instrument, which is insufficiently stamped. Since such a copy, while it cannot be impounded under Section 33 of the Stamp Act and it cannot also be acted upon under Section 35 of the Stamp Act. This Court opines that the Court cannot ignore the mandate of the law contained in Section 35 of the Stamp Act.
Telangana High Court Cites 35 - Cited by 0 - S Nanda - Full Document

Ringfeder Power Transmission India ... vs Rajesh Mootha on 11 July, 2023

Since the petitioner has satisfied that the document, viz., Built Suit Facility Agreement dated 29.04.2021 has been properly stamped in accordance with law, the Constitution Bench judgment of the Hon'ble Supreme Court relied upon by the learned counsel for the respondent in the case of N.N.Global Mercantile Private Ltd., vs. Indo Unique Flame Ltd. And others reported in 2023 SCC Online SC 495 has no bearing for the instant case as that was a decision, where the subject document was insufficiently stamped and the Hon'ble Supreme Court has held that an Arbitration agreement contained in the insufficiently stamped document cannot be acted upon. Whereas in the instant case since the agreement viz., Built Suit Facility Agreement dated 29.04.2021 https://www.mhc.tn.gov.in/judis 14/18 ARB. O.P.(Com. Div) No.298 of 2023 which contains an Arbitration Clause has been sufficiently stamped in accordance with Article 5(j) of the Indian Stamp Act 1899, the arbitration agreement contained therein is a valid arbitration agreement and is an enforceable one.
Madras High Court Cites 13 - Cited by 0 - A Quddhose - Full Document

Ringfeder Power Transmission India ... vs Rajesh Mootha on 11 July, 2023

Since the petitioner has satisfied that the document, viz., Built Suit Facility Agreement dated 29.04.2021 has been properly stamped in accordance with law, the Constitution Bench judgment of the Hon'ble Supreme Court relied upon by the learned counsel for the respondent in the case of N.N.Global Mercantile Private Ltd., vs. Indo Unique Flame Ltd. And others reported in 2023 SCC Online SC 495 has no bearing for the instant case as that was a decision, where the subject document was insufficiently stamped and the Hon'ble Supreme Court has held that an Arbitration agreement contained in the insufficiently stamped document cannot be acted upon. Whereas in the instant case since the agreement viz., Built Suit Facility Agreement dated 29.04.2021 https://www.mhc.tn.gov.in/judis 14/18 ARB. O.P.(Com. Div) No.298 of 2023 which contains an Arbitration Clause has been sufficiently stamped in accordance with Article 5(j) of the Indian Stamp Act 1899, the arbitration agreement contained therein is a valid arbitration agreement and is an enforceable one.
Madras High Court Cites 13 - Cited by 0 - A Quddhose - Full Document

M/S. Tarini Prasad Mohanty vs M/S. Sunflag Iron And Steel Co. .... ... on 25 February, 2025

In N.N. Global (2) (supra), the Supreme Court held that the failure to stamp an arbitration agreement is not a "curable defect". Relying on the provisions of the Contract Act as well as Section 11(6-A) of the Arbitration Act, it held that an unstamped arbitration agreement is void. The relevant paragraphs of the judgment of the majority are extracted below :
Orissa High Court Cites 72 - Cited by 0 - S K Panigrahi - Full Document

Idbi Bank Ltd. vs Power Finance Coporation Ltd. And Ors. on 12 May, 2023

Similarly, NN Global Mercantile Pvt. Ltd. v. M/S. Indo Unique Flame Ltd. & Others31, is a ruling concerned with the issue--whether a writ petition under Articles 226 and 227 of the Constitution of India would be maintainable to challenge an order rejecting an application for reference to arbitration under Section 8 of the Arbitration and Conciliation Act, 1996. The same is, therefore, distinguishable as the issue under consideration is different.
Delhi High Court Cites 33 - Cited by 1 - P K Kaurav - Full Document

L And T Finance Limited vs M/S Samrat Gems Impex Pvt. Ltd. And Anr on 9 December, 2025

229. The discussion in preceding segments indicates that the Referral Court at Section 11 stage should not examine or impound an unstamped or insufficiently stamped instrument, but rather leave it for the determination by the Arbitral Tribunal. When a party produces an arbitration agreement or its certified copy, the Referral Court only has to examine whether an arbitration agreement exists in terms of Section 7 of the Arbitration Act. The Referral Court under Section 11 is not required to examine whether a certified copy of the agreement/instrument/contract discloses the fact of payment of stamp duty on the original. Accordingly, we hold that the holding of this Court in SMS Tea Estates [SMS Tea Estates (P) Ltd. v. Chandmari Tea Co. (P) Ltd., (2011) 14 SCC 66 : (2012) 4 SCC (Civ) 777] , as reiterated in N.N. Global (2) [N.N. Global Mercantile (P) Ltd. v. Indo Unique Flame Ltd., (2023) 7 SCC 1 :
Calcutta High Court Cites 26 - Cited by 0 - S Sarkar - Full Document
1   2 3 4 5 6 7 8 9 10 Next