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Indus Towers Limited vs. Mr. Thomas George & Ors.

Original Miscellaneous Petition (Interim, Commercial) · 2026:DHC:8499Decided 29 Sept 2026New Delhi Bench
O.M.P.(I) (COMM.) 149/2026CNR: DLHC010142762026
Justice Om Prakash Shukla

Background

Indus Towers sought to enforce an arbitral award, again facing the stamp-duty timing defect. Separately, a bank guarantee furnished by the respondent in connection with the dispute was due to expire the next day (30.09.2026).

Decision Breakdown

The Court permitted withdrawal of the petition with liberty to refile after curing the stamp duty defect, following the same line of reasoning as the other stamp-duty cases decided that day. Importantly, before parting, the Court recorded the respondent's counsel's undertaking at the Bar to extend/renew the expiring bank guarantee for a further year, preserving the status quo pending any future proceedings.

Lesson Learnt

Even where a petition is being withdrawn on a technical ground, courts can and do secure a party's practical interests (here, via an undertaking to renew a bank guarantee) to prevent a procedural dismissal from causing real-world prejudice.

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