2023 scc vol. 7 part 1

Arbitration and Conciliation Act, 1996 — Ss. 8, 11 and 7: Non-payment or deficient payment of stamp duty on substantive contract comprising/containing arbitration clause, or on standalone arbitration agreement, in cases where payment of stamp duty is mandatory, renders such arbitration agreement as non-existent pending payment of (the balance) stamp duty. Appointment of arbitrator by Court or reference to arbitration in such cases is not permissible, until the deficiency in stamp duty is made good in accordance with law. [N.N. Global Mercantile (P) Ltd. v. Indo Unique Flame Ltd., (2023) 7 SCC 1]

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