Dismissed¶22

Ticel Bio Park Limited v. Genome Life Sciences Pvt. Ltd.

Madras HC26 Mar 2025Arb O.P(COM.DIV.)/341/2023

Case brief

AI extract

What is this about?

Keywords: Section 11 Arbitration and Conciliation Act 1996; appointment of arbitrator; lease deed dated 20.08.2018; stamp duty; penalty; Collector; Section 31 Indian Stamp Act 1899; N N Global Mercantile Indo Unique Flame; 2023 SCC Online SC 495; Constitution Bench 2023 SCC Online SC 1666; no necessity to decide proper stamping at Section 11 stage; withdrawal; liberty to file fresh petition; same cause of action; TICEL Bio Park Limited vs Genome Life Sciences Pvt. Ltd.; Madras High Court; commercial division; arbitration original petition dismissed as not pressed.

What did the court decide?

Liberty to the petitioner to file a fresh petition on the same cause of action under Section 11 of the Arbitration and Conciliation Act, seeking appointment of an arbitrator by this Court. ¶22

Ticel Bio Park Limited Vs Genome Life Sciences Pvt. Ltd. — Arbitration | Madras HC (2025)

What the court decided

AI extract

Outcome

Liberty to the petitioner to file a fresh petition on the same cause of action under Section 11 of the Arbitration and Conciliation Act, seeking appointment of an arbitrator by this Court.

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Issue for consideration

Whether, while deciding an application under Section 11 of the Arbitration and Conciliation Act, 1996, the Court is required to decide whether the underlying document (lease deed) has been properly stamped. +1 more

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Court's answer

In view of the Constitution Bench judgment in N N Global (2023 SCC Online SC 1666), while deciding an application under Section 11 of the Arbitration and Conciliation Act there is no necessity for this Court to decide whether the document has been properly stamped; consequently the earlier requirement of hearing only for stamp duty and penalty (order dated 02.08.2023) fell away.

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Ratio / Principle

No prejudice would be caused to the respondent; accordingly the petition is dismissed as not pressed, with liberty granted to the petitioner to file a fresh petition on the same cause of action under Section 11 of the Arbitration and Conciliation Act seeking appointment of an arbitrator by this Court in view of the subsequent Constitution Bench decision.

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Detailed headnote1 paragraphs

Madras High Court (Abdul Quddhose, J.), Arb.O.P.(Com. Div.) No.341 of 2023, decided 26.03.2025 - Section 11, Arbitration and Conciliation Act, 1996 petition by TICEL Bio Park Limited against Genome Life Sciences Pvt. Ltd. for appointment of an arbitrator under a lease deed dated 20.08.2018. By order dated 02.08.2023, following M/s.N N Global Mercantile (P) Ltd. Vs. Indo Unique Flame Ltd. (2023 SCC Online SC 495), the Court had directed further hearing only for payment of stamp duty and penalty as determined by the Collector under Section 31 of the Indian Stamp Act, 1899. In view of the subsequent Constitution Bench judgment in the N N Global case (2023 SCC Online SC 1666), that while deciding a Section 11 application the Court need not decide whether the document is properly stamped, counsel for the petitioner sought leave to withdraw the petition with liberty to file afresh. Held: no prejudice to the respondent; petition dismissed as not pressed, with liberty to file a fresh Section 11 petition on the same cause of action seeking appointment of an arbitrator.

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Arb.O.P.(Com. Div.) No.341 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 26.03.2025

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CORAM

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THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE

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Arb.O.P.(Com. Div.) No.341 of 2023

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TICEL Bio Park Limited

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... Petitioner

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Vs.

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Genome Life Sciences Pvt. Ltd. ... Respondent

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PRAYER: Petition filed under Section 11 of the Arbitration and Conciliation Act, 1996 to appoint an arbitrator to adjudicate the dispute between the petitioner and the respondent in terms of the lease deed dated 20.08.2018 and to direct the respondent to pay the cost.

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For Petitioner : Mr.D. Prajeish for M/s. King and Partridge.

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ORDER

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By this Court's order dated 02.08.2023, this Court had directed the

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Registry to place the matter before this Court for further hearing only for the payment of stamp duty and penalty as determined by the Collector under Section 31 of the Indian Stamp Ac, 1899. This Court had passed the said

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https://www.mhc.tn.gov.in/judis

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Arb.O.P.(Com. Div.) No.341 of 2023

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order pursuant to the decision rendered by the Honourable Supreme Court in the case of M/s.N N Global Mercantile (P) Ltd. Vs. Indo Unique Flame Ltd. reported in 2023 SCC Online SC 495 . However, the position has now been changed in view of the Constitution Bench Judgment rendered in N N Global case reported in 2023 SCC Online SC 1666 , that while deciding an application under Section 11 of the Arbitration and Conciliation Act, there is no necessity for this Court to decide as to whether the document has been properly stamped or not.

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In view of the subsequent development, the learned counsel for the petitioner seeks permission of this Court to withdraw this petition, but, however, seeks liberty for the petitioner to file a fresh petition seeking for appointment of an arbitrator by this Court under Section 11 of the Arbitration and Conciliation Act.

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No prejudice would be caused to the respondent if such a direction

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is issued by this Court. There has also been no representation on the side of the respondent today. Accordingly, this petition is dismissed as not pressed. However, liberty is granted to the petitioner to file a fresh petition on the

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https://www.mhc.tn.gov.in/judis

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Arb.O.P.(Com. Div.) No.341 of 2023

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same cause of action under Section 11 of the Arbitration and Conciliation Act, seeking for appointment of an arbitrator by this Court in view of the subsequent decision rendered by the Constitution Bench of the Honourable Supreme Court.

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26.03.2025 Index : Yes/No Speaking Order : Yes / No Neutral Citation Case: Yes / No ab

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https://www.mhc.tn.gov.in/judis

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Arb.O.P.(Com. Div.) No.341 of 2023

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ABDUL QUDDHOSE. J.,

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