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M/S Osho GS and Company vs. M/S WAPCOS Limited

Enforcement Petition (Commercial Arbitration) · 2026:DHC:8270Decided 24 Sept 2026New Delhi Bench
OMP (ENF.) (COMM.) 222/2025CNR: DLHC010778332025
Justice Om Prakash Shukla

Background

M/S Osho GS and Company, as decree holder, had filed a petition to enforce an arbitral award against WAPCOS Limited, the judgment debtor.

Decision Breakdown

Counsel for the decree holder sought leave to withdraw the petition, with liberty to refile it later after satisfying requirements on stamp duty under the Indian Stamp Act, 1899, in line with a precedent of the same Court on this issue. The Court granted the leave and liberty sought and dismissed the petition, along with any pending applications, as withdrawn.

Lesson Learnt

Stamp duty compliance can be a procedural prerequisite that a party must satisfy before an arbitral-award enforcement petition can proceed, and courts will allow parties to withdraw and cure such defects rather than dismissing the claim outright.

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