Sahidullah Munshi, J.

This appeal under Section 37(1)(a) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Arbitration Act') arises from an order dated 24th September, 2015, passed by the Hon'ble Single Judge in an application under Section 9 of the Arbitration Act, filed by the respondent (Srei Equipment Finance Ltd.) being A.P. No. 1974 of 2014 (Srei Equipment Finance Ltd. v. Saumya Mining Ltd.). While considering the respondent's application under Section 9 of the Arbitration Act an objection was raised by the appellant herein that if an arbitration agreement contains a clause for hypothecation the same could not be relied upon unless stamped as per Article 40(b) of Schedule IA of the Indian Stamp Act, 1899. The Hon'ble Single Judge answered in the negative and held that -

"Ordinarily such aspect of the matter does not detain an interlocutory application as Section 35 of the Stamp Act applies when a document is tendered in evidence. None-the-less, the objection and the desirability of an adjudication thereon c