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february 2017

Supreme Court of India · 2017-02-17

BLACK PEARL HOTELS (PVT) LTD vs M/S PLANET M RETAIL LTD

Citation / case number
SC 2014/5998
Court
Supreme Court of India
Petitioner
BLACK PEARL HOTELS (PVT) LTD
Respondent
M/S PLANET M RETAIL LTD
Author
Dipak Misra

Judgment text excerpt

The Supreme Court addressed the legal nature of a 'Conducting Agreement' under the Arbitration and Conciliation Act, 1996, specifically under Section 11, which pertains to the appointment of arbitrators. The Court held that the agreement could be construed as either a lease or a license, impacting the applicable stamp duty. The Court upheld the High Court's order referring the matter to the Registrar for determination of the nature of the agreement and the associated stamp duty, thereby affirming the procedural correctness of the High Court's approach.

BLACK PEARL HOTELS (PVT) LTD vs M/S PLANET M RETAIL LTD · Niyam