Demerara Distilleries Pvt. Ltd. vs Demerara Distilleries Ltd. on 24 November, 2014
8. The issue with regard to payment of deficit stamp duty is
no longer res integra and the same has been answered by a Seven
Judge Bench of the Supreme Court in N N Global Mercantile
Private Limited (supra). The aforesaid issue has to be examined
by the arbitrator. The applicant had sent a notice of dispute to the
respondent on 22.11.2022. The respondent denied its liability and
disputed the claim of the petitioner by a response dated 16.12.2022.
Any steps for resolution of the dispute could have been taken only
if the parties had so chosen. The respondent has not indicated its
willingness for settlement of dispute amicably within a period of
seven days. Therefore, the respondent cannot be permitted to raise
such a contention in this proceeding. The decision relied upon by
learned counsel for the respondent in Standard Corrosion
3
(2009) 1 SCC 303
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