Mr. Alok Rai S/O Sh. Premprakash ... vs M/S Neemrana Buildwell
2021 Latest Caselaw 963 Raj/2

                                            HIGH COURT OF JUDICATURE FOR RAJASTHAN
                                                        BENCH AT JAIPUR

                                                S.B. Arbitration Application No. 45/2019

                                    Mr. Alok Rai S/o Sh. Premprakash Rai
                                                                                                      ----Petitioner
                                                                       Versus
                                    M/s Neemrana Buildwell
                                                                                                    ----Respondent

For Petitioner(s) : Mr. Naman Maheshwari For Respondent(s) : Ms. Arti Goyal

HON'BLE THE CHIEF JUSTICE

Order

29/01/2021

Learned counsel for applicant placed reliance on the

judgment of the Hon'ble Supreme Court in M/s. N.N. Global

Mercantile Pvt. Ltd. Vs. M/s. Indo Unique Flame Ltd. & Ors.

dated 11.01.2021, wherein it has been held as follows:-

"12 We are of the considered view that the finding in SMS Tea Estates and Garware that the non- payment of stamp duty on the commercial contract would invalidate even the arbitration agreement, and render it non-existent in law, and un- enforceable, is not the correct position in law."

Matter is heard in part.

List on 12.02.2021.

(INDRAJIT MAHANTY),CJ

JKP/43

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