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Supreme Court of India

M/s N. N. Global Mercantile Private Limited v. M/s Indo Unique Flame Ltd. & Ors.

Neutral citation
Reported as [2023] 9 S.C.R. 285
Bench K. M. Joseph, Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy and C. T. Ravikumar JJ.
Decided 25 April 2023

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

1 Supreme Court bench has cited this judgment.

What the Court ordered

We hold that since the arbitration agreement is an independent agreement between the parties, and is not chargeable to payment of stamp duty, the non-payment of stamp duty on the commercial contract, would not invalidate the arbitration clause, or render it un-enforceable, since it has an independent existence of its own.

Judgment, page 107

From the headnote

Arbitration and Conciliation Act, 1996 – ss. 11(6A), 7 , 8, 9, 11 and 16 – Indian Stamp Act, 1899 – ss. 3, 33 & 35 – Contract Act, 1872 – ss. 2(h), 10 – Appointment of Arbitrators by The Chief J ustice of India Scheme, 1996 – Arbitration Agreement in an un registered instrument, which is not duly stamped, if valid and enforceable – Whether the statutory bar contained in s.35 of the Stamp Act , 1899 applicable to instruments chargeable to stamp duty under s .3 read with the Schedule to the Act, would also render the arbitration agreement contained in such an instrument, which is not chargeable

Authorities it was built on

Where later benches applied it

Of those, 1 referred to

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