JUDGMENT

1. Heard learned counsel for the respective parties.

2. This arbitration application has been filed under Sections 10 & 11 of the Arbitration & Conciliation Act, 1996 (hereinafter to be referred as 'the Act of 1996') for appointment of an Arbitrator to adjudicate the disputes arisen between the parties.

3. Learned counsel for the respondent raised a preliminary objection on account of the fact that alleged documents in which the transaction is alleged to have been entered into has not been stamped. Accordingly, he placed reliance on certain judgments passed by Hon'ble Supreme Court in the case of SMS Tea Estates Pvt. Ltd. Vs. M/s Chandmah Tea Co. Pvt. Ltd. reported in (2011) 14 SCC 66 and Garware Wall Ropes Limited Vs. Coastal Marine Constructions and Engineering Limited reported in (2019) 9 SCC 209.

4. Learned counsel for the petitioner on the other hand placed reliance on a latest judgment of Hon'ble Supreme Court in the case of M/s N.N. Global Mercantile Pvt. Ltd. Vs. M/s Indo Unique Flame Ltd. & Others reported in 2021 SCC Online SC 13 and in particular, the finding of the Court in paragraph 12 thereof, which reads as under:-

"12. we are of the considered view that the find