Agreement Insufficiently Stamped

In Mayavti Trading/Pradyuat Deb Burman (18), the Supreme Court clarified that the removal of Section 11 (6A) did not allow the courts to consider anything that goes beyond the existence of the arbitration agreement. (19) However, there are no clear guidelines as to the extent of the power and power of an arbitral tribunal to rule on a Section 11 application. The Supreme Court Bench, composed of CJI SA Bobde and Judges BR Gavai and Surya Kant, recently stated that an agreement should be duly labelled if the compromise clause it contains can be applied. Referring to united India Insurance (2018), the Supreme Court held that the mere existence of an arbitration provision in an agreement does not result in its existence as a case for the purposes of reviewing Section 11 (6-A) of the Act. Similarly, a contract under sections 2 (g) and (h) of the Indian Contract Act of 1872 becomes a contract only if it is valid and enforceable. In this case, karnataka HC, while dealing with the validity of unstamped and stamped instruments, has established that if the original document is stamped or not and a copy of it is brought to court, the same cannot be made possible, even under section 35 of the act. In that case, Iyer J.A. determined that only documents that are not sufficiently stamped or stamped can be made admissible in court if they are admissible in court, if they are original documents that were initially not stamped or were not sufficiently stamped. In this case, one of the parties to the agreement filed a petition under Section 11 (6) of the Arbitration Act before the High Court of Karnataka.

The other party appeared and stated that the rental file was insufficiently stamped under Section 33 of the Karnataka Stamp Act, 1957, to be entered by a mandatory entry and could not be invoked unless the appropriate duty and sanction had been paid. However, the High Court invoked the power of Section 11 (6) of the Act and appointed an arbitrator to rule on the dispute between the parties. In dispute resolution circles, the supreme court of India`s ruling at Garware Wall Ropes v.