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1 - 10 of 23 (0.22 seconds)Section 5 in The Indian Stamp Act, 1899 [Entire Act]
The Indian Stamp Act, 1899
Section 11 in The Arbitration Act, 1940 [Entire Act]
M/S Sms Tea Estates P.Ltd vs M/S Chandmari Tea Co.P.Ltd on 20 July, 2011
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 :
Section 8 in The Arbitration Act, 1940 [Entire Act]
The Arbitration And Conciliation Act, 1996
M/S N.N. Global Mercantile Private ... vs M/S Indo Unique Flame Ltd. on 25 April, 2023
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 :
Section 12 in The Arbitration And Conciliation Act, 1996 [Entire Act]
Food Corporation Of India vs Indian Council Of Arbitration & Ors., ... on 17 July, 2003
81. One of the main objectives of the Arbitration Act is to
minimise the supervisory role of Courts in the arbitral process.
Party autonomy and settlement of disputes by an Arbitral
Tribunal are the hallmarks of arbitration law. Section 5 gives
effect to the true intention of the parties to have their disputes
resolved through arbitration in a quick, efficient and effective
manner by minimising judicial interference in the arbitral
proceedings. [Food Corpn. of India v. Indian Council of
Arbitration, (2003) 6 SCC 564.] Parliament enacted Section 5 to
minimise the supervisory role of Courts in the arbitral process
to the bare minimum, and only to the extent "so provided"