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2023 Supreme(Online)(Bom) 2305

HIGH COURT OF BOMBAY
Manish Pitale, J
John Cockerill India Limited – Appellant
Versus
Sanjay Kamalakar Navare – Respondent


Advocates:
For the Appellants/Petitioners: Rohan Kelkar, Sarah Navodia, Pragya Chandak
For the Respondents: Piyush Raheja, Dharmesh Pandya

Table of Content
1. application seeking appointment of arbitrator. (Para 1 , 2)
2. legal discussion regarding insufficient stamping of agreements. (Para 3 , 4 , 5)
3. determination of necessary stamp duty and penalty process. (Para 6 , 7 , 8 , 9)
4. court's authority regarding stamp matters. (Para 10 , 11 , 12)
5. order to deposit stamp duty for proceeding. (Para 19 , 20)

ORDER :

. By this application filed under Section 11 of the Arbitration and Conciliation Act, 1996 (Arbitration Act), the applicant is seeking appointment of an arbitrator on the basis of an arbitration clause contained in an agreement executed between the applicant (employer) and the respondent (erstwhile employee) titled as ‘Employee Non- Disclosure and Non-Solicitation Agreement’ dated 15.11.2021.

2. In the light of disputes having arisen between the parties, the applicant invoked the arbitration clause and since the agreed procedure for appointment of arbitrator failed, the present application was filed before this Court.

3. The respondent has appeared through counsel. No reply affidavit is on record. Yet, Mr. Kelkar, learned counsel appearing for the applicant fairly points out the recent judgement of the Constituti

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