Unstamped Agreements Inadmissible as Evidence but Remain Enforceable; Arbitration Agreement Existence Must Be Assessed.

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Full Text of the Document

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....Non-Stamping of arbitration agreements - Agreements which are not stamped or are inadequately stamped are inadmissible in evidence under Section 35 of the Stamp Act. Such agreements are not rendered void or void ab initio or unenforceable - Non-stamping or inadequate stamping is a curable defect - An objection as to stamping does not fall for determination under Sections 8 or 11 of the Arbitration Act. The concerned court must examine whether the arbitration agreement prima facie exists - SC....