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HARISH TANDON, PRASENJIT BISWAS
Lovely Promoters Private Limited – Appellant
Versus
Manoj Kumar Bothra – Respondent
JUDGMENT :
Harish Tandon, J.
1. Although an application under Section 9 of the Arbitration and Conciliation Act, 1996 filed by the appellant has been dismissed solely on the ground that the Memorandum of Understanding entered into between the parties is not a contract and, therefore, not a legally binding document, the respective Counsels appearing before us have digressed from the said point and argued the other points having a larger impact in relation to dealing with an application under Section 9 of the said Act, before the Commercial Court. The parties restricted the arguments on the nature and construction of the Memorandum of Understanding, in pursuit of understanding whether it is a concluded contract or mere signifying the intention of the parties to enter into further agreement.
2. Before we proceed to decide the points urged before us it would be profitable to adumbrate the salient facts discerned from the respective pleadings of the parties which, in our opinion, are more or less undisputed.
3. The respondent claimed absolute right, title and interest in respect of Flat no. 3702 measuring 5318 square feet on 37th floor in tower 2 along with two car parking space in establis
The main legal point established in the judgment is that an arbitration agreement under an unstamped and unregistered contract is not enforceable, as per the recent law laid down by the Constitutiona....
The sufficiency of stamp duty payment rendered the document admissible, and the named arbitrator was disqualified, leading to the appointment of Hon’ble Shri Justice K. K. Lahoti as Arbitrator.
The principle of separability, clause pertaining to settlement of disputes by Arbitration contained in substantive agreement can be taken into consideration even to decide an application under Sectio....
Point of law : Arbitration - Whether the stamp duty so paid is insufficient or appropriate is a question that may be gone into at a later stage; Supreme Court would not review or go into this aspect ....
The main legal point established in the judgment is the enforceability of arbitration agreements in the Tenancy Agreement and the Consolidated Charges Agreement under Section 8 of the Arbitration and....
The enforceability of an arbitration agreement is independent of the stamping of the agreement, and objections regarding stamp duty must be resolved by the Arbitral Tribunal, not the Court.
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