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Central Warehousing Corporation vs. Aqdas Maritime Agency Private Limited

Enforcement Petition (Commercial Arbitration) · 2026:DHC:8430Decided 28 Sept 2026New Delhi Bench
OMP (ENF.) (COMM.) 34/2026CNR: DLHC010059982026
Justice Om Prakash Shukla

Background

Central Warehousing Corporation, as the party that had won an arbitral award (the "Decree Holder"), filed a petition to enforce that award against Aqdas Maritime Agency Private Limited (the "Judgement Debtor"). Before the Court examined the merits, the Decree Holder's counsel sought to withdraw the petition, with permission to refile it later, in order to first sort out a stamp-duty compliance issue, referencing the Court's own recent ruling in M/s URC Construction (P) Ltd. v. Airports Authority of India on when arbitral awards need to satisfy the Indian Stamp Act, 1899.

Decision Breakdown

The Court granted the requested leave and liberty, allowing the petition to be withdrawn and refiled later once the stamp duty aspect is properly satisfied, and dismissed the present petition (and any pending applications) as withdrawn on that basis. No decision was made on the substance of the award-enforcement dispute itself.

Lesson Learnt

A party seeking to enforce an arbitral award in court must ensure the award has been properly stamped under the Indian Stamp Act: if that isn't sorted out, the safer course (as endorsed here) is to withdraw the enforcement petition, fix the stamping issue, and refile, rather than risk the petition being rejected on a technicality.

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