NILESH SHANTILAL TANK Vs. JAIRAJ DEVIDAS

JUDGEMENT

(1.) By this application filed under section 11(6) of the Arbitration and Conciliation Act, 1996, the applicants seek appointment of arbitrator.

(2.) Mr. Madon, learned senior counsel appearing for the respondents raises a preliminary objection about maintainability of this application on the ground that the Memorandum of understanding dated 6th November, 2008 which contains an arbitration agreement, has not been stamped in accordance with the provisions of the Bombay Stamp Act, 1958. It is submitted by the learned senior counsel that the memorandum of understanding is required to be impounded in this proceedings and shall be sent for adjudication.

(3.) Some of the relevant facts for the purpose of deciding the preliminary objections raised by the respondents are summarized as under :