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2023 Supreme(Del) 3423

SACHIN DATTA
Ambience Developers And Infrastructure Pvt. Ltd. – Appellant
Versus
Zesty Foods – Respondent


Advocates appeared:
Ms. Kittu Bajaj, Advocate, for the Petitioner.
Mr. Amit Chaubey, Advocate, for the Respondent.

JUDGMENT

Sachin Datta, J.

I.A. No. 11173/2023 (Delay)

1. For the reasons stated in the application, the delay in filing the review petition is condoned.

2. The application stands disposed of.

Review Petition No. 161/2023

3. The present review petition has been filed by the respondent seeking review of the order dated 20.03.2023 passed by this court, whereby the petition filed by the petitioner under Section 11 of the Arbitration and Conciliation Act, 1996 (the Act) was allowed.

4. The review petition is filed on the premise that the agreement dated 02.02.2019 executed between the parties, containing the arbitration clause, is unstamped, and after the judgment in N.N. Global Mercantile (P) Ltd. v. Indo Unique Flame Ltd., 2023 SCC OnLine SC 495, the same is invalid in law/cannot be acted upon, and liable to be impounded by this court. It is prayed as under:

    "a. Allow the present application for review of the Order dated 20.03.2023 passed by this Hon'ble Court.

    b. Impound the agreement dated 02.02.2019 under the provisions of Stamp Act, 1899 and registration Act.

    c. Pass/make such other appropriate orders and /or directions as this Hon'ble court may deem fit and proper in the facts and

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