In the decision on the second issue, the Bombay High Court focused on the intention of the legislature, while passing the amendment legislation. It was based on Section 11 (13) of the Act, introduced by the amending law which stipulates that an application must be made to the opposing party within sixty days of the date of notification of termination. The Bombay High Court found that Parliament`s intention was to ensure the rapid elimination of arbitration procedures with minimal judicial intervention for the legislature, which was responsible for increasing the interference of the courts in arbitration proceedings. The Bombay Supreme Court has ruled that, when the court rules on an application under Section 11 of the Act, the scope of the section 11 (6A) investigation is now limited to considering the existence of an arbitration agreement between the parties and, if such an agreement exists, disputes within the scope of the agreement should be referred to for decision by the creation of an arbitration tribunal. In accordance with Section 33 of the Indian Stamp Act of 1899 (the “Stamp Act”), any court or arbitrator before which a non-registered taxable contract is subject is required to review the contract to determine whether it is properly stamped. Under the Stamping Act, a contract that is not duly marked is inadmissible as evidence and therefore cannot be questionable. This can even lead to the forfeiture of the document. While the question of whether a court can grant interim protection as a result of a Section 9 application is answered, if the contract containing the compromise clause is stamped, the Bombay Supreme Court has decided that the right granted to a party to go to court under Section 9 would not be a form of contract right. Under Section 9 of the Act, the party must prove that there was an arbitration agreement and that the applicant had participated in it. 3. The various other cases in which the court has found that stamped and unstamped documents are valid after the payment of stamp duty and the penalty is as follows: stamp duty is a tax levied on documents. The payment of stamp duty on a document is called a stamp.
Stamp duty is generally paid for transaction documents such as real estate transactions, etc. Only a “duly stamped” instrument can be brought before a court as evidence of the performance of the contract. It is therefore essential to properly qualify a treaty. The creation of Section 11 (6A) limited the powers of a court when hearing a Section 11 motion and was limited to the existence of an arbitration agreement.