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M/S AK Construction vs. Union of India

Enforcement Petition (Commercial Arbitration) · 2026:DHC:8280Decided 24 Sept 2026New Delhi Bench
OMP (ENF.) (COMM.) 98/2026CNR: DLHC010180982026
Justice Om Prakash Shukla

Background

M/S AK Construction, as decree holder, had filed a petition seeking enforcement of an arbitral award against the Union of India, the judgment debtor.

Decision Breakdown

At the hearing, counsel for the decree holder sought leave to withdraw the petition, with liberty to file it again if the situation required. The Court granted this leave and liberty and dismissed the petition as withdrawn, without going into the merits of the enforcement claim.

Lesson Learnt

A party enforcing an arbitral award can withdraw and later refile its enforcement petition with the court's permission, meaning a withdrawal on a given date does not necessarily end the matter permanently.

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