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M/S KRA Infrastructure Developers Pvt Ltd vs. M/S Simplex Infrastuctures Ltd

Enforcement Petition (Commercial Arbitration) · 2026:DHC:8027Decided 18 Sept 2026New Delhi Bench
OMP (ENF.) (COMM.) 78/2026CNR: DLHC010139872026
Justice Om Prakash Shukla

Background

The decree holder sought to enforce an arbitral award, but the stamp duty on the award had been paid more than one month after the award was made, beyond the period permitted under the Indian Stamp Act, 1899 as applicable in Delhi, per the Court's own precedent in a related case.

Decision Breakdown

Because the delayed stamping did not comply with the statutory scheme, the decree holder's counsel sought leave to withdraw the enforcement petition, with liberty to refile it after properly paying the required stamp duty and any applicable penalty. The Court granted this and dismissed the petition as withdrawn.

Lesson Learnt

An arbitral award must be properly stamped within the time limits set by law before it can be enforced in court: delayed or defective stamping can stall enforcement, even though it can usually be corrected and refiled.

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