Supreme Court · 2019 INSC 511 · Decided 10 April 2019
Garware Wall Ropes LTD. v. Coastal Marine Constructions & Engineering LTD.
- Court
- Supreme Court of India
- Citation
- 2019 INSC 511 · [2019] 5 S.C.R. 579
- Case number
- CIVIL APPEAL No. 3631/2019
- Decided
- 10 April 2019
- Bench
- R.F. NARIMAN, VINEET SARAN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Contract Act Section 2(h); Arbitration Act Section 11(4), 11(6), 11(6A), 16; Stamp Act Section 11(13), 33, 34
Headnote
Arbitration and Conciliation Act, 1996: s. 11(4), 11(6) and 11(6A) - Appointment of arbitrator - Arbitration clause contained in a contract not stamped - Effect of - Held: When Supreme Court or the High Court considers an application u/s. 11(4) to 11(6), and comes across an or conveyance which is unstamped, the Court must impound the instrument which is unstamped and hand it over to the authority under the Stamp Act, who would decide issues qua payment of stamp duty and penalty as expeditiously as possible, within the stipulated period - As soon as
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