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Attri Construction Co vs. Government of NCT of Delhi

Enforcement Petition (Commercial Arbitration) · 2026:DHC:8431Decided 28 Sept 2026New Delhi Bench
OMP (ENF.) (COMM.) 50/2025CNR: DLHC010102132025
Justice Om Prakash Shukla

Background

Attri Construction Co, having obtained an arbitral award against the Government of NCT of Delhi, filed a petition to enforce that award. The record showed the award amount had already been deposited in a related, separate case (OMP (COMM.) 418/2024). As in the companion case above, counsel for the Decree Holder sought to withdraw the petition, citing the same stamp-duty concern under the Indian Stamp Act, 1899 and the same URC Construction precedent.

Decision Breakdown

Noting that the amount was already secured (deposited) in the related proceeding, the Court granted leave and liberty to withdraw the petition, with permission to refile once the stamp duty position is satisfied, and dismissed the petition and any pending applications as withdrawn. Again, no ruling was made on the substantive enforcement dispute.

Lesson Learnt

Even where money awarded under an arbitral award has effectively already been secured through deposit in a related case, courts still expect the formal stamp-duty requirements to be met before entertaining a fresh enforcement petition: procedural compliance is treated as a real precondition, not a mere formality.

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