Ambience Pvt Ltd vs. Gammon India Ltd
Background
The decree holder had already approached the Collector of Stamps to pay adequate stamp duty (along with any applicable penalty) and sought to withdraw the enforcement petition against Gammon India Ltd in the meantime, with liberty to refile once that process was complete.
Decision Breakdown
The Court granted the leave and liberty sought and dismissed the petition as withdrawn, along with any pending applications, so the decree holder could complete the stamping process before re-approaching the Court.
Lesson Learnt
Proactively approaching the Stamp Collector to cure a stamping defect, rather than contesting the issue in court, is a practical way to keep an enforcement petition alive for refiling.