Search Results Page
Search Results
1 - 4 of 4 (0.31 seconds)M/S N.N. Global Mercantile Private ... vs M/S Indo Unique Flame Ltd. on 11 January, 2021
14. The question with regard to reference to
arbitration in a petition under Section 11 of the Arbitration
and Conciliation Act, 1996, in relation to an arbitration
agreement contained in a document said to be insufficiently
stamped came up for consideration before the Apex Court
in N.N.Merchantile's case (supra), wherein it was held
that if there was a dispute between the parties with regard
to sufficiency or otherwise of payment of stamp duty, the
said issue would have to be decided by the arbitral tribunal
and the same cannot come in the way of this Court
referring the dispute to arbitration. Under these
circumstances, I deem it just and proper to direct reference
of the dispute to arbitration by leaving open the question of
stamp duty to be decided by the arbitral tribunal.
Article 53 in Constitution of India [Constitution]
The Finance Act, 1996
1