NARESH H.PATIL, R.D.DHANUKA, G.S.KULKARNI
Gautam Landscapes Private Limited – Appellant
Versus
Shailesh S Shah – Respondent
NARESH H. PATIL, J.
1. (A) INTRODUCTION:
By an order dated 6th September 2018 passed by the learned Single Judge in Arbitration Petition No.466 of 2017 (Gautam Landscapes Pvt. Ltd. Vs. Shailesh S. Shah and anr.), and Arbitration Application No.246 of 2016 (Gautam Landscapes Pvt. Ltd. Vs. Shailesh S. Shah), the learned Single Judge observed in para 25.3 as under :-
25.3 The question whether this Court under Section 2(e) of the Act can entertain and grant any interim or ad-interim relief in an application under Section 9 of the Act when the Arbitration Agreement is contained in a document that is unstamped or insufficiently stamped, needs to be referred to a Larger Bench for determination. In my view, the Hon’ble Chief Justice can be requested by this Court to refer the said question/issue to a Larger Bench for consideration. The Registry is therefore directed to place the papers and proceedings before the Hon’ble the Chief Justice to enable the Hon’ble the Chief Justice to refer the aforesaid question/issue to a larger Bench for consideration.
In pursuance of the above o
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