The Court found that the service agreements relied upon were not signed by Unikul. It also noted that whether or not they were original was unclear.
In view of the apex court’s judgment in M/s. N.N.Global Mercantile Private Limited Vs. M/s. Indo Unique Flame Ltd, the Court proceeded to examine whether the service agreement was duly stamped.
The counsel for the petitioner admitted that the agreement was not on a stamp paper. However, he contended that since the agreement was not signed by the respondent, it could not be construed as an instrument that would attract stamp duty.
He also contended that even if a contract was not signed by the parties, it could still be a construed as contract in terms of the apex court judgment.
Source: Barandbench
