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THE HIGH COURT OF KARNATAKA
S.R.KRISHNA KUMAR, J
MEENA BAZAAR A PROPRIETORSHIP FIRM – Appellant
Versus
MOHAMMED AMIN ABUBAKER – Respondent
| Table of Content |
|---|
| 1. parties involved and nature of petition. (Para 1) |
| 2. analysis of relevant legal provisions and jurisprudence. (Para 2 , 5) |
| 3. applications under arbitration and stamp act. (Para 3 , 4) |
| 4. conclusion from larger bench on stamping objections. (Para 6) |
| 5. order to set aside and remand for reconsideration. (Para 7) |
ORAL ORDER
2. Heard learned counsel for the petitioner and learned Senior counsel appearing for the respondent No.1 and caveator respondent No.2 and perused the material on record.
4. By the impugned order, the Commercial Court allowed I.A.No.3 filed by the plaintiff under Section 33 of the Karnataka Stamp Act by placing reliance upon the judgment of the Constitution Bench of the Apex Court in the case ofM/s N.N.Global Mercantile Pvt. Ltd. vs. M/s. Indo Unique Flame Ltd. & Ors. [(2023) 7 SCC 1] in order to hold that unless a document containing an arbitration clause/agreement was sufficiently stamped, no reliance can be placed upon the said Arbitration clause by a party. Aggrieved by the impugned order passed by the Commercial Court, the petitioner/defendant No.1 is before this Court by way of the present petition.
"I respectfully agree with the view expressed by
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