Ircon Infrastructure and Services Ltd vs. Indore Multi Functional Complex Private Limited and connected matters
Background
Ircon Infrastructure and Services Ltd sought to enforce an arbitral award against Indore Multi Functional Complex Private Limited, which did not appear in the proceedings.
Decision Breakdown
At the outset of the hearing, the decree holder's own counsel sought leave to withdraw the petition, with liberty to re-file it after depositing adequate stamp duty, indicating the award had not yet been properly stamped for enforcement purposes. The Court granted the leave and liberty sought and dismissed the petition as withdrawn on that basis.
Lesson Learnt
Decree holders seeking to enforce arbitral awards in Delhi should ensure proper stamping is completed before filing, since courts routinely require this as a precondition and will allow withdrawal (rather than a merits hearing) when the deficiency is flagged.