JUDGMENT

1. This application is filed under Section 11 of the Arbitration and Conciliation Act, 1996 (Act, for short) whereby the applicant has prayed for appointment of an arbitral tribunal to adjudicate the disputes and differences between the parties, which have arisen under an agreement 28 May 2014.

2. A perusal of the agreement clearly shows that an immovable property is sought to be transferred in favour of the applicant by the respondents. It is also seen that the agreement is executed on a 100 rupees non judicial stamp paper which concerns an immovable property. The document is certainly not adequately stamped. The principles of law as laid down by the Supreme Court in Garware Wall Ropes Limited Vs. Coastal Marine Constructions & Engineering Limited, 2019 SCC Online SC 515 would warrant that the Court cannot exercise jurisdiction on proceedings for appointment of an arbitral tribunal unless the document is sufficiently stamped. There are subsequent decisions on this issue after the said decision in Garware Wall Ropes Limited (supra).

3. This Court in B4U Broadband (India) Pvt. Ltd. Vs. Affluence Movies Pvt. Ltd., 2022 SCC Online Bom 1021 after considering the position in law i