Section 11 : Stamp Duty must be paid to authenticate the Arbitration Clause ( M/s Dharmaratnakara Rai Bahadur v. M/s Bhaskar Raju & Brothers )

The Court held that when a lease deed or any other instrument is relied upon as containing the arbitration agreement, the Court is required to consider at the outset, whether the document is properly stamped or not. If the instrument is not properly stamped, it should be impounded and the Court cannot act upon such a document or the arbitration clause therein.

Refer : M/s Dharmaratnakara Rai Bahadur v. M/s Bhaskar Raju & Brothers [Judgment dated February 14, 2020 in Civil Appeal No. 1599/2020]