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M/S Kamladityya Construction Pvt Ltd. vs. The Development Commissioner MSME

Enforcement Petition (Commercial Arbitration) · 2026:DHC:7354Decided 1 Sept 2026New Delhi Bench
OMP (ENF.) (COMM.) 263/2025CNR: DLHC010933102025
Justice Om Prakash Shukla

Background

Kamladityya Construction had filed a petition to enforce an arbitral award against the Development Commissioner, MSME. Before the hearing progressed, counsel for the decree holder informed the Court that the amount in question had already been deposited by the judgment debtor as a condition of stay in a related, connected proceeding, OMP (COMM.) 457/2025.

Decision Breakdown

Since the underlying amount had effectively already been secured through the connected matter, the decree holder sought leave to withdraw the present enforcement petition, reserving liberty to file it again if circumstances required. The Court granted this leave and liberty, and dismissed the petition as withdrawn.

Lesson Learnt

When money that is the subject of one enforcement proceeding has already been deposited under a stay condition in a related case, courts will readily allow the now-unnecessary duplicate proceeding to be withdrawn, while preserving the right to revive it later if needed.

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