Arbitration and Conciliation Act, 1996, Sections 11, 11(6A), 11(7), Section 11(13)

Arbitration and Conciliation Act, 1996—Sections 11 and 11(6A), 11(7), Section 11(13)—Indian Stamp Act, 1899, Sections 33 and 35—Doctrine of Harmonious Construction—Arbitration clause contained in a contract which requires to be stamped—Not stamped—Effect—Held, while proceeding with the Section 11 application, the High Court must impound the instrument which has not borne stamp duty and hand it over to the authority under the Stamp Act, who will then decide issues qua payment of stamp duty and penalty (if any) as expeditiously as possible, and preferably within a period of 45 days from the date on which the authority receives the instrument—As soon as stamp duty and penalty (if any) are paid on the instrument, any of the parties can bring the instrument to the notice of the High Court, which will then proceed to expeditiously hear and dispose of the Section 11 application—This will also ensure that once a Section 11 application is allowed and an arbitrator is appointed, the arbitrator can then proceed to decide the dispute within the time frame provided by Section 29A of the 1996 Act. 

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File Name:- APRIL 2019_SC_3.pdf

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