Hon’ble NCLAT refers seven judge bench of the Apex Court’s latest Judgement, reported in (2023) ibclaw.in 153 SC and holds that it has been clearly brought out that Agreements which are not stamped or are inadequately stamped are inadmissible in evidence under Section 35 of the Stamp Act and such agreements are not rendered void or void ab initio or unenforceable and further Non-stamping or inadequate stamping is a curable defect and therefore as claimed by the Appellant unstamped “confirmation and undertaking” doesn’t make the whole process illegal if this document is not even relied upon as an evidence.
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