The admission of an unstamped document in arbitration prevents later challenges based on its insufficiency, as established by Section 36 of the Indian Stamp Act, 1899.

JUDGMENT (Oral)

1. This petition, under Section 34 of the Arbitration and Conciliation Act, 1996, ("the 1996 Act"), calls into the question the legality of an interim award dated 1st November, 2021, passed by the learned Arbitral Tribunal, presently in seisin of the disputes between the parties.

2. The impugned award addresses two objections, raised by the petitioner (who was the respondent before the learned Arbitral Tribunal), to the copy of an Agreement to Sell dated 4th April, 2011, which was sought to be presented in evidence by the respondent (who was the claimant before the learned Arbitral Tribunal).

3. The impugned award addresses the objections of the petitioner, to the admissibility of the aforesaid document. As such, given the limited scope of controversy, it is not necessary to refer to the disputes between the parties, forming subject matter of consideration in arbitration.

4. The learned Arbitral Tribunal was constituted by this Court vide order dated 4th April, 2019. The Statement of Claim was filed on 21st May, 2019 and Statement of Defence was filed on 8th July, 2019.

5. Consequent to the learned Arbitral Tribunal entering on reference, the first sitting of the learned Arbitral Tribunal took place on 9th May, 2019. On the said date, the learned Arbitral Tribunal set out the following schedule for the arbitral proceedings and also chalked out the procedure to be followed by it during the course of arbitration:

6. Qua the procedure to be followed in respect of admission and denial of documents, Para 7.8 of the record of proceedings dated 9th May, 2019, read thus:

"7.8 In the Affidavits of Admission/Denial, the parties will list and describe such of the documents the existence/genuineness of which are in dispute, setting out the reasons therefor in brief. In the absence of the same, the document shall be available for being read in evidence, dispensing with the need of formal proof thereof. However, the question of evidentiary value to be attached to the document shall remain open for consideration at the final hearing."

7. Affidavits in evidence were filed by the parties as directed by the learned Arbitral Tribunal, along with the documents on which they sought to place reliance. The respondent/claimant filed, with its affidavit in evidence, a copy of an Agreement to Sell dated 4th April, 2011.

8. It is an admitted position that, at the stage of admission and denial, the petitioner (as the respondent before the learned Arbitral Tribunal), admitted the said document without any reservation or caveat.

9. The consequences of the petitioner admitting the aforesaid document in evidence, without any caveat, would, in view of Para 7.8 of the record of proceedings/order dated 9th May, 2019, supra, be that the document would be available for being read in evidence. I am told that the order dated 9th May, 2019, has never been challenged, and the legality and propriety of that order is not questioned in the present proceedings either.

10. On 9th August, 2019, issues were framed by the learned Arbitral Tribunal. No issue, regarding insufficient stamping of the Agreement to Sell dated 4th April, 2011, and consequently, its admissibility in evidence, was drawn up. The order dated 9th Au