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.