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M/S Rajput Construction vs. Telecommunications Consultants India Limited

Enforcement Petition (Commercial Arbitration) · 2026:DHC:7759Decided 10 Sept 2026New Delhi Bench
OMP (ENF.) (COMM.) 188/2026CNR: DLHC010391702026
Justice Om Prakash Shukla

Background

The decree holder sought to enforce an arbitral award dated 29.04.2026 against the judgment debtor, but no one appeared on behalf of the decree holder when the matter was called out. It emerged that although the award was dated in April 2026, the stamp duty on it was paid only in August 2026: a gap the Court found inconsistent with the scheme of the Indian Stamp Act, 1899 as applicable in Delhi.

Decision Breakdown

Relying on its own recent ruling in M/s URC Construction (P) Ltd. v. Airports Authority of India on the timing of stamp duty payment on arbitral awards, the Court dismissed the enforcement petition for want of prosecution (given the decree holder's non-appearance) and for the stamping deficiency, while granting liberty to the decree holder to restore the petition once the stamp duty (with any applicable penalty) is properly satisfied.

Lesson Learnt

Parties seeking to enforce an arbitral award in Delhi must ensure stamp duty is paid promptly and correctly: delayed or improper stamping can derail an enforcement petition even before its merits are considered, and non-appearance in court compounds the problem.

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