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M/S Vishva Shanti Builders (India) Pvt. Ltd. vs. Union of India

Enforcement Petition (Commercial Arbitration) · 2026:DHC:7992Decided 17 Sept 2026New Delhi Bench
OMP (ENF.) (COMM.) 53/2022CNR: DLHC010095382022
Justice Om Prakash Shukla

Background

Vishva Shanti Builders had approached the Court seeking enforcement of a decree/award against the Union of India. When the matter was called for hearing, counsel for the decree holder sought to withdraw the petition, with liberty to file it afresh if the need arose, subject to paying the requisite stamp duty under the Indian Stamp Act, 1899.

Decision Breakdown

The Court granted leave and liberty as sought, permitting the decree holder to withdraw the enforcement petition and refile it later if required, on condition of depositing adequate stamp duty at that stage. The petition was accordingly dismissed as withdrawn without any decision on the underlying merits.

Lesson Learnt

A party enforcing a decree can withdraw the proceeding and preserve the right to bring it again later: withdrawal with liberty to refile is a procedural exit, not a ruling against the claim itself.

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