Supreme Court of India
Garware Wall Ropes Ltd. v. Coastal Marine Constructions & Engineering Ltd.
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9 Supreme Court benches have cited this judgment.
From the headnote
Arbitration and Conciliation Act, 1996: s. 11(4), 1 1(6) and 11(6A) – Appointment of arbitrator – Arbitration clause contained in a contract not stamped – Effect of – Held: When Supreme ourt or the High Court considers an application u/s. 11(4) to 11(6 ), and comes across an arbitration clause in an agreement or conv eyance 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 stamp
Authorities it was built on
- 2008 National Insurance Co. Ltd. v. M/s. Boghara Polyfab Pvt. Ltd.
- 2005 M/s. S.B.P. and Co. v. M/s. Patel Engineering Ltd. and Anr.
- 2017 M/s. Duro Felguera, S. A. v. M/s. Gangavaram Port Limited
- 2014 Enercon (india) Ltd. & Ors. v. Enercon Gmbh & Anr.
- 1957 Sri Venkataramana Devaru and Others v. The State of Mysore and Others
- 1960 The J. K. Cotton Spinning & Weaving Mills Co., Ltd. v. The State of Ultar Pradesh & Ors.
- 2011 M/s. Sms Tea Estates Pvt. Ltd. v. M/s. Chandmari Tea Co. Pvt. Ltd.
- 2002 M/s. Konkan Railway Corporation Ltd. and Anr. v. M/s. Rani Construction Pvt. Ltd.
- 1961 The Chief Inspector of Mines and Another v. Lala Karam Chand Thapar Etc.
- 2000 Konkan Railway Corporation v. M/s. Mehul Construction Co.
- 2015 Ashapura Mine-chem Ltd. v. Gujarat Mineral Development Corporation
Where later benches applied it
- 2024 Ajay Madhusudan Patel & Ors. v. Jyotrindra S. Patel & Ors.
- 2022 M/s. Emaar India Ltd. v. Tarun Aggarwal Projects Llp & Anr.
- 2020 Vidya Drolia and Others v. Durga Trading Corporation
- 2022 Weatherford Oil Tool Middle East Limited v. Baker Hughes Singapore Pte
- 2022 Intercontinental Hotels Group (india) Pvt. Ltd. & Anr. v. Waterline Hotels Pvt. Ltd.
- 2021 Dlf Home Developers Limited v. Rajapura Homes Private Limited & Anr.
- 2021 M/s. N.N. Global Mercantile Pvt. Ltd. v. M/s. Indo Unique Flame Ltd. & Others
- 2023 In Re: Interplay Between Arbitration Agreements Under the Arbitration and Conciliation Act 1996 and the Indian Stamp Act 1899 v..
- 2023 M/s N. N. Global Mercantile Private Limited v. M/s Indo Unique Flame Ltd. & Ors.
Of those, 3 relied on · 4 referred to · 2 overruled
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