ARBP/37/2014
2021 Latest Caselaw 798 Ori

ARBP No. 37 of 2014

11. 22.01.2021 This matter is taken up by video conferencing mode.

Heard Mr. Milan Kanungo, learned Senior Advocate for the Petitioner and Mr. Arun Agarwal, learned Senior Advocate for the Opposite Party No.2.

Mr. Arun Agarwal has raised an objection to the appointment of arbitrator on the ground that the arbitration clause is contained in a lease agreement dated 1st September 2011, which is otherwise compulsorily registerable. According to him, since the agreement is unregistered and on a in non-judicial stamp paper of just Rs.50/-, on the strength of judgment of the Supreme Court in Garware Wall Ropes Ltd. v. Coastal Marine Constructions & Engineering Ltd. [judgment dated 10th April, 2019 in C.A. No.3631 of 2019], the arbitration clause cannot be acted upon.

Mr. Kanungo, learned Senior Advocate however relies upon the subsequent judgment of another Bench of the Supreme Court in M/s. N.N. Global Mercantile Pvt. Limited v. M/s. Indo Unique Flame Ltd. and Others [judgment dated 11th January, 2021 in Civil Appeal No.3802-3803 of 2020]. He nevertheless seeks some time to study the legal position in view of the apparent conflict between the aforementioned two judgments of the Supreme Court. At his request, list on 12th February, 2021.

( Dr. S. Muralidhar ) Chief Justice

S.K.Jena/PA