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JMC-KPTL-STS (JV) Through its Lead Partner KPIL vs. Rail Vikas Nigam Limited

Enforcement Petition (Commercial Arbitration) · 2026:DHC:8432Decided 28 Sept 2026New Delhi Bench
OMP (ENF.) (COMM.) 273/2025CNR: DLHC010985192025
Justice Om Prakash Shukla

Background

A joint venture (JMC-KPTL-STS, led by KPIL) had obtained an arbitral award/decree against Rail Vikas Nigam Limited (RVNL), a public sector undertaking, and filed a petition to enforce it in the Delhi High Court. When the matter came up for hearing, counsel for the decree holder informed the Court that the petition needed to be withdrawn.

Decision Breakdown

Counsel for the decree holder sought leave to withdraw the enforcement petition, with liberty to file it again later, after first depositing adequate stamp duty as required under the Indian Stamp Act, 1899 (as applicable in the NCT of Delhi). The Court granted this leave and liberty, and dismissed the petition as withdrawn rather than deciding it on merits.

Lesson Learnt

Documents used to enforce an arbitral award in Delhi must be adequately stamped under the Indian Stamp Act; a stamping defect can be cured by withdrawing and refiling rather than being fatal to the claim, so a decree holder is not permanently shut out merely because of an initial stamping shortfall.

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