“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?”
Whether subject matter of the suit was within the scope of the arbitration agreement?
Whether appellant had filed first statement before filing of application under section 8 of the Act?
Whether application filed under section 8 should be dismissed as the same was filed 20 months after entering into suit?
Whether the subject matter of dispute is arbitrable?
ISSUES BEFORE APEX COURT
i. Jurisdiction of court under section 34 of Arbitration & conciliation Act 1996?
ii. Whether court have the jurisdiction to set aside the award which is patently illegal as against the A & C Act, or any other substantive law, or against the terms of the contract?
Whether court can intervein the arbitral process under article 226 and 227 of the constitution of India to maintain the rule of “minimum judicial intervention?