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The bench headed by Chief Justice D Y Chandrachud, in an unanimous verdict, overruled its judgement which had held that if an agreement, having arbitration clause to resolve disputes between contracting parties, is unstamped then it is invalid and unenforceable.
“The agreements that are not stamped are not rendered void (invalid). Non-stamping of an agreement is a curable defect,” held the bench which also comprised justices Sanjay Kishan Kaul, Sanjiv Khanna, B R Gavai, Surya Kant, J B Pardiwala and Manoj Misra.
Besides the CJI, who penned the judgement for himself and five other judges, Justice Khanna wrote a separate and concurring verdict.
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