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Hindustan Construction Co. Ltd. vs. NTPC Limited

Enforcement Petition (Commercial Arbitration) · CNR No. DLHC010964792018Decided 23 Sept 2026New Delhi Bench
OMP (ENF.) (COMM.) 68/2018CNR: DLHC010964792018
Justice Om Prakash Shukla

Background

Hindustan Construction Co. Ltd., as decree-holder, had filed a petition to enforce an arbitral award against NTPC Limited. At the hearing, before the merits could be considered, the decree-holder's counsel sought to withdraw the petition, citing the need to first resolve an issue relating to stamp duty payable on the underlying award/agreement under applicable stamp law.

Decision Breakdown

The Court granted the requested leave to withdraw the petition, expressly permitting the decree-holder to file it again once the stamp duty issue has been properly addressed. No findings were made on the merits of the underlying dispute or the award itself; the petition was simply dismissed as withdrawn, with liberty to re-file.

Lesson Learnt

Stamp duty compliance on the underlying contract or award is a precondition that can derail even an otherwise-ready enforcement petition: parties enforcing arbitral awards should verify stamping requirements are satisfied before filing, to avoid having to withdraw and restart the process.

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