1. This Arbitration Request has been filed under section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the ‘Act’ for short), seeking the appointment of an Arbitrator to resolve the disputes between the applicant and the respondents, arising out of Annexure A agreement. When the matter was heard, counsel for the first respondent contended that the agreement was not duly stamped as required under the Kerala Stamp Act. This contention is therefore considered as a preliminary issue.

2. Annexure A is the notarised copy of the agreement for sale dated 18th March 2008 between the applicant and he 1st respondent and its original is engrossed on stamp paper of Rs.100 only. Clauses 1 and 2 of the agreement, being relevant, are extracted below for reference;

1) The Vendor shall sell to the Purchaser and/or its nominee/nominees appointed in writing and the Purchaser agrees to purchase from the Vendor the entire shareholding of Goldview Vyaapar Pvt. Ltd., on completion of the demerger a aforesaid and if for any reason the process of demerger is not competed by 30th September, 2008 the Vendor shall sell to the purchaser and/or its nominee/nominees and the P