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Kum Kum Construction Co vs. Union of India

Enforcement Petition (Commercial Arbitration) · 2026:DHC:8024Decided 18 Sept 2026New Delhi Bench
OMP (ENF.) (COMM.) 82/2026CNR: DLHC010143182026
Justice Om Prakash Shukla

Background

The decree holder, a proprietorship firm, sought to enforce an arbitral award against the Union of India, but the stamp duty on the award (dated November 2025) had been paid only in March 2026, well beyond the one-month window required under the Indian Stamp Act as applied by this Court's precedent.

Decision Breakdown

Given the delayed stamping, the decree holder's counsel sought leave to withdraw the petition with liberty to refile it after depositing the correct stamp duty and any penalty due. The Court granted this and dismissed the petition as withdrawn.

Lesson Learnt

Timely payment of stamp duty on an arbitral award is a procedural prerequisite for enforcement, even government-related parties are not exempt from this requirement.

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