ARG OUTLIER MEDIA PVT LTD v HT MEDIA LTD[1]
The Delhi High Court has held that the jurisdiction of the Court while hearing a challenge under §34 of the Arbitration and Conciliation Act 1996 is limited, and contravention of a statute that is not linked to public policy or public interest cannot be a ground to set aside an arbitral award.
Brief Facts
ARG Outlier challenged an award in favour of HT Media inter alia, on the ground that the agreement containing the arbitration clause was not sufficiently stamped.
It was contended that in view of the decision of the Constitution Bench of the Supreme Court in NN Global Mercantile v M/s Indo Unique Flame Ltd[2] , an agreement not being properly stamped
could not have been admitted in evidence. ARG Outlier accordingly argued that until stamp duty and appropriate penalty was paid, the award could not be enforced.
