Arbitration and Conciliation Act 1996—Sections 7 and 16(1)

Arbitration and Conciliation Act 1996—Sections 7 and 16(1)—Registration Act, 1908, Sections 17 and 49—Indian Stamp Act, 1899, Sections 33, 35, 38 and 40—Whether an arbitration agreement in an unregistered instrument which is not duly stamped, is valid and enforceable?—Held, no—The court cannot act upon such a document or the arbitration clause therein—The court in such a case should impound the document under section 33 of the Stamp Act and follow the procedure under Section 35 and 38 of the Stamp Act—But if  the deficit duty and penalty is paid in the manner set out in section 35 or section 40 of the Stamp Act, the document can be acted upon or admitted in evidence.