ORDER :

I. Mahanty, J.

1. Heard learned counsel for the respective parties.

2. This application under Section 11 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as 'the Act of 1996') has come to be filed seeking appointment of an Arbitrator out of the disputes which have arisen from out of the agreement to sell dated 20.01.2016 entered into between the parties.

3. Mr. Sudesh Bansal has entered appearance on behalf of the respondent and placing reliance on the judgments of the Hon'ble Supreme Court in the cases of SMS Tea Estates Pvt. Ltd. Vs. M/s. Chandmari Tea Co. Pvt. Ltd.- (2011) 14 SCC 66 & Garware Wall Ropes Limited Vs. Coastal Marine Constructions and Engineering Limited (2019) 9 SCC 209 submitted that since on the agreement relied upon by the petitioner for seeking appointment of an Arbitrator, stamp duty has not been paid, the same cannot be sent for arbitration.

4. However, learned counsel for the applicant drew attention of the Court to a latest judgment of the Hon'ble Supreme Court in M/s. N.N. Global Mercantile Pvt. Ltd. Vs. M/s. Indo Unique Flame Ltd. & Ors. (Civil Appeal Nos. 3802-3803/2020) dated 11.01.2021, in which Their Lordships of the Hon'ble Sup