LAWS(SC)-2021-1-16

N.N.GLOBAL MERCANTILE PRIVATE LIMITED Vs. INDO UNIQUE FLAME LIMITED

Decided On January 11, 2021
N.N.Global Mercantile Private Limited Appellant
V/S
Indo Unique Flame Limited Respondents

JUDGEMENT

(1.) This case raises interesting issues with respect to the application of the doctrine of separability of an arbitration agreement from the underlying substantive contract in which it is embedded; whether an arbitration agreement would be non-existent in law, invalid or un-enforceable, if the underlying contract was not stamped as per the relevant Stamp Act; and, whether allegations of fraudulent invocation of the bank guarantee furnished under the substantive contract, would be an arbitrable dispute.

(2.) The issues which have arisen for our consideration are :

(3.) Validity of an arbitration agreement in an unstamped agreement