ORDER

1. We do not find any merit in the present special leave petitions and hence, the same are dismissed.

2. However, we would like to record some reasons for dismissal of the present special leave petitions.

3. The judgment in Vidya Drolia & Ors. vs. Durga Trading Corporation, (2021) 2 SCC 1 did not examine and decide the issue of effect of unstamped or under-stamped underlying contract on the arbitration agreement. As this issue and question has not been decided in Vidya Drolia (supra), the decision is not a precedent on this question.

4. Vidya Drolia (supra) did refer to the judgment in the case of Garware Wall Ropes Limited vs. Coastal Marine Constructions and Engineering Limited, (2019) 9 SCC 209 but in a different context, as is evident from paragraphs 146 and 147.1 of the judgment in Vidya Drolia (supra), which are reproduced below:

"146. We now proceed to examine the question, whether the word "existence" in Section 11 merely refers to contract formation (whether there is an arbitration agreement) and excludes the question of enforcement (validity) and therefore the latter falls outside the jurisdiction of the court at the referral stage. On jurisprudentially and textualism it