VALIDITY OF UNSTAMPED ARBITRATION AGREEMENT

BHAVEN CONSTRUCTION vs. EXECUTIVE ENGINEERING, SARDAR SAROVAR NARMADA NIGAM LTD. AND ANOTHER.

“Whether the statutory bar contained in Section 35 of the Stamp Act, 1899 applicable to instruments chargeable to stamp duty under Section 3 read with the Schedule to the Act, would also render the arbitration agreement contained in such an instrument, which is not chargeable to payment of stamp duty, as being non-existent, unenforceable, or invalid, pending payment of stamp duty on the substantive contract/instrument?”  

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