RAJEEV MANMOHAN GUPTA Vs. BRIJWASI BUILDERS

JUDGEMENT

(1.) The application which seek reference of the disputes that have arisen between the parties, in the wake of the partnership deed dtd. 1/12/2021 executed between the parties, seek appointment of an Arbitrator, as the re-constituted partnership deed, provide arbitration as a mode of resolution of the disputes, that have arisen therefrom. A preliminary objection is raised by the learned senior counsel Mr. Kapadia appearing for respondent No.2 and learned counsel Mr. Jain representing respondent nos.1, 3 and 4 about the document in question, which is sought to be construed as an Arbitration Agreement, being not sufficiently stamped, and in the wake of the decision of the Constitution Bench of the Hon'ble Apex Court in case of M/s. NN Global Mercantile Pvt ltd Vs. Indo Unique Flame Ltd & Ors 2023 SCC, Online 495, the objection is raised about the maintainability of the Arbitration application, seeking to invoke arbitration clause, contained therein. By relying upon Article 47, and in specific, clause

(2.) Being confronted with the aforesaid preliminary submission, Mr. Cama would fairly state that he has no hesitancy in getting the document appropriately stamped but, since the document is not in possession, only upon the document being produced, he shall submit it for appropriate adjudication and affixing of the stamp duty, as required.

(3.) Today, Mr. Kapadia has placed on record the "Re- constituted Partnership" dtd. 1/12/2021 as well as the Deed of admission of new partner executed on 1/12/2021, in its original. The said documents, in the wake of the decision in case of N N Global Mercantile (supra), would require to be impounded for proper adjudication and payment of necessary stamp duty, in the absence of which the clause contained therein, cannot be permitted to be construed or read as an "arbitration clause" or it would not amount to an "arbitration agreement".