1. By this application filed under Section 11 of the Arbitration and Conciliation Act ,1996 (for short ‘the Act’), the applicant has prayed for appointment of an arbitral tribunal to adjudicate the disputes and differences which have arisen between the parties under a Co- Production Agreement for Television Programme dated 09 July, 2015. The arbitration agreement is contained in clause 8 of the said agreement on which there is no dispute. The parties have agreed for Mumbai to be the place of arbitration as also, the agreement in question was entered at Mumbai. Also, both the parties are from Mumbai. Thus, the seat of the arbitration as agreed between the parties is at Mumbai.

2. At the hearing of this application on behalf of the respondent, an objection is raised to the agreement in question not being sufficiently stamped. Respondent contends that in view of the decision of the Supreme Court in Garware Wall Ropes Ltd. vs. Coastal Marine Constructions & Engg. Ltd, (2019) 9 SCC 209, the agreement needs to be impounded and only after the agreement in question is sufficiently stamped, the present application for appointment of an arbitral tribunal be entertained. In Garwar