Arbitration Clause in Unstamped Document and Sections 9 and 11(6A) of Arbitration Act: What the Bombay HC held

Murali Krishnan April 5 2019

A three-judge Bench of the Bombay High Court has held that a Court can entertain and grant any interim or ad-interim relief in an application under Section 9 of the Arbitration Act even if the document containing arbitration clause is unstamped or insufficiently stamped.

The Court also held that while considering and passing final orders on an application under Section 11(6A) of the Arbitration and Conciliation Act, 1996 (Act), it would not be necessary for the court to await adjudication by stamp authorities when a document . . .

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