Agreement cannot be acted upon till such time it is duly stamped: Delhi High Court

Delhi High Court ruled that an agreement, containing an arbitration clause, requiring to be duly stamped under the provisions of the Indian Stamp Act, 1899 (‘ISA’) cannot be acted upon by the Court when approached by one of the parties for interim relief under Section 9 of the Arbitration and Conciliation Act, 1996.

The Court said that “Stamp duty as indicated in Article 6 of Schedule I to the ISA is required to be paid thereon……and agreement has not been engrossed on adequate stamp papers and therefore is, as such, inadmissible in evidence.” So, “in terms of Section 35 of the ISA, the agreement cannot be acted upon till such time it is duly stamped.”

 

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A full service international law firm based in New Delhi with an office in Chicago, USA.
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