The Constitution Bench held that non-stamping or insufficient stamping of an agreement is a curable defect under Indian Stamp Act, 1899. It added that to obligate courts to determine the issue of stamping of arbitration agreement at the pre-referral stage will defeat the objectives of the Arbitration and Conciliation Act, 1996. Supreme Court Overrules Verdict Holding Unstamped Agreements Unenforceable and Invalid.
The seven-judge Bench orally expressed its reservations with the decision of the five-judge Bench in NN Global, saying that there were exhaustive limits on judicial intervention in such matters.
"We don't want re-opening of the whole case again at your instance," the bench told the lawyer, adding that it would be better if the petitioners counsel file a short note of their rejoinder arguments. "List on October 9 at 2 pm. In the meanwhile, counsel for the petitioners to file their short written arguments…," the bench said. Bilkis Bano Case: Supreme Court to Hear Arguments on Pleas Challenging Premature Release of 11 Convicts on October 9.