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april 2019

Supreme Court of India · 2019-04-10

GARWARE WALL ROPERS LTD. vs COASTAL MARINE CONSTRUCTIONS ENGINEERING LTD.

Citation / case number
SC 2018/12561
Court
Supreme Court of India
Petitioner
GARWARE WALL ROPERS LTD.
Respondent
COASTAL MARINE CONSTRUCTIONS ENGINEERING LTD.
Author
HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN
Bench
HON'BLE MR. JUSTICE VINEET SARAN HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN

Judgment text excerpt

The Supreme Court addressed the applicability of the arbitration clause in a sub-contract under the Arbitration and Conciliation Act, 1996, particularly in light of the Indian Stamp Act, 1899. The Court held that the introduction of Section 11(6A) does not negate the requirement for the agreement to be duly stamped before arbitration can proceed, reaffirming the principles established in SMS Tea Estates (P) Ltd. v. Chandmari Tea Co. (P) Ltd. The Court concluded that the appointment of the arbitrator was premature as the agreement was unstamped, necessitating impounding before arbitration could be initiated.

GARWARE WALL ROPERS LTD. vs COASTAL MARINE CONSTRUCTIONS ENGINEERING LTD. · Niyam