ALOK RAI Vs. NEEMRANA BUILDWELL

JUDGEMENT

(1.) Heard learned counsel for the respective parties.

(2.) This application under Section 11 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as 'the Act of 1996') has come to be filed seeking appointment of an Arbitrator out of the disputes which have arisen from out of the agreement to sell dated 20.01.2016 entered into between the parties.

(3.) Mr. Sudesh Bansal has entered appearance on behalf of the respondent and placing reliance on the judgments of the Hon'ble Supreme Court in the cases of SMS Tea Estates Pvt. Ltd. v. M/s. Chandmari Tea Co.Pvt. Ltd.-(2011) 14 SCC 66 and Garware Wall Ropes Limited v. Coastal Marine Constructions and Engineering Limited-(2019) 9 SCC 209 submitted that since on the agreement relied upon by the petitioner for seeking appointment of an Arbitrator, stamp duty has not been paid, the same cannot be sent for arbitration.