Case Law Details
SVK Infrastructures Vs Delhi Tourism And Transportation Development Corporation Ltd (Delhi High Court)
Introduction: In a recent judgment by the Delhi High Court, the issue of stamp duty applicability to government-executed instruments was addressed. The ruling, which involves SVK Infrastructures and Delhi Tourism and Transportation Development Corporation Ltd, clarifies that no stamp duty is payable on instruments executed by or on behalf of the government. This decision has significant implications for arbitration cases involving government entities.
Detailed Analysis:
1. Background: The case centers on a petition under Section 11 of the Arbitration and Conciliation Act, 1996. The petitioner, SVK Infrastructures, sought the appointment of an arbitrator to resolve disputes arising from a Work Order dated 15.02.2016.
2. Opposition Grounds: The respondent, represented by Ms. Takiar, opposed the petition on three grounds. First, it was argued that there was no valid arbitration agreement with the petitioner. Second, it was claimed that the petitioner should have approached the Dispute Resolution Committee (DRC) before filing the petition. Lastly, it was contended that the agreement was unstamped and, therefore, could not be relied upon.
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