Application Seeking Interim Relief Can Be Entertained Even If Contract Containing Arbitration Clause Is Insufficiently Stamped: Bombay HC (FB) [Read Judgment]

Ashok Kini

5 April 2019 12:09 PM IST

  • Application Seeking Interim Relief Can Be Entertained Even If Contract Containing Arbitration Clause Is Insufficiently Stamped: Bombay HC (FB) [Read Judgment]

    " An arbitration clause is severable from other clauses of the contract and an arbitration agreement is not required to be stamped or required to be registered."

    The Bombay High Court has held that a court, under the Arbitration and Conciliation Act, 1996, can entertain and grant any interim or ad-interim relief in an application under Section 9 of the said Act when a document containing arbitration clause is unstamped or insufficiently stamped. The full bench of the High Court also held that, in view of Section 11 (6A) of the Arbitration...

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