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april 2019

Supreme Court of India · 2019-04-10

Garware Wall Ropers Ltd. vs Coastal Marine Constructions ...

Citation / case number
AIR 2019 SUPREME COURT 2053
Court
Supreme Court of India
Petitioner
Garware Wall Ropers Ltd.
Respondent
Coastal Marine Constructions ...
Author
R.F. Nariman
Bench
Vineet Saran, R.F. Nariman

Judgment text excerpt

The Supreme Court addressed the effect of an arbitration clause in an unstamped agreement under the Arbitration and Conciliation Act, 1996, particularly in light of Section 11(6A) introduced by the Amendment Act, 2015. The Court reaffirmed the principle from SMS Tea Estates (P) Ltd. v. Chandmari Tea Co. (P) Ltd., (2011) 14 SCC 66, that an unstamped agreement must be impounded before arbitration can proceed. The Court held that the introduction of Section 11(6A) does not alter the requirement for stamp duty compliance, thus maintaining the necessity for judicial impounding of unstamped agreements before arbitration can be invoked.

Garware Wall Ropers Ltd. vs Coastal Marine Constructions ... · Niyam