AIR 2019 SC 2053 ::2019 (4) ABR 83 ::AIROnline 2019 SC 264 ::AIR 2019 SC (Civil) 1578 ::2020 (2) Mad LW 718 ::(2019) 2 CurCC 200 ::(2019) 2 ICC 673 ::(2019) 2 MPLJ 317 ::(2019) 3 Mah LJ 405

Supreme Court Of India

Hon'ble Judge(s): R. F. Nariman, Vineet Saran , JJ

Arbitration and Conciliation Act (26 of 1996) , S.7(2), S.11, S.11— Stamp Act (2 of 1899) , S.33, S.35— Maharashtra Stamp Act (60 of 1958) , S.33, S.34— Appointment of sole Arbitrator - Arbitration clause contained in unstamped agreement - Under Stamp Act, agreement does not become a contract, unless enforceable by law - Therefore Arbitration clause in agreement would not exist unless enforceable by law - Supreme Court or High Court is confined to first impound agreement or conveyance and confirm payment of stamp duty and penalty before acting upon it - Since Stamp Act applies to whole agreement or conveyance, it is not possible to bifurcate arbitration clause to give it independent existence - Matter remitted back to High Court to dispose of afresh. Interpretation of Statute - Harmonious construction. AIR Online 2019 Del 72, (2018) SCC Online Del 13279, (2018) SCC Online Del 11169, (2018) SCC Online Kar 2938, Arb Pet. No. 466 of 2017, D/- 4-4-2019 (Bom) (FB), Overruled. (Para 16 19 26 27) Close look at S. 11(6A) would show that when the Supreme Court or the High Court considers an application under S. 11(4) to11(6), and comes across an arbitration clause in an agreement or conveyance which is unstamped, it is enjoined by the provis....