Back
D.Y.CHANDRACHUD, INDU MALHOTRA, INDIRA BANERJEE
N. N. GLOBAL MERCANTILE PRIVATE LIMITED – Appellant
Versus
INDO UNIQUE FLAME LIMITED – Respondent
The provided legal document does not specify a particular hearing date. It primarily discusses the legal principles, case proceedings, and judicial orders related to the arbitration agreement, stamp duty, and related procedural issues. If you are seeking a specific hearing date for a case, you may need to consult the court's schedule or the case management system where the matter is listed.
JUDGMENT
Indu Malhotra, J.
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.
1.1 The Respondent No.1-lndo Unique Flame Ltd. ("Indo Unique") applied for grant of work of beneficiation/washing of coal to the Karnataka Power Corporation Ltd. ("KPCL") in an open tender. KPCL awarded the Work Order vide letter of Award No.A1M1B3/Washed Coal/1052 dated 18.09.2015 to Indo Unique.
In pursuance of the Work Order dated 18.09.2015, the Respondent No.1 Company furnished Bank Guarantees for Rs.29.29 crores in favour of KPCL through its bankers, State Bank of India ("SBI"), the Respondent No.2 herein.
1.2 Indo Unique, the Respondent No.1 herein, subse
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
