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S.S Total Construction India Pvt Ltd Delhi vs. A.I.I.M.S.

Enforcement Petition (Commercial Arbitration) · 2026:DHC:7869Decided 15 Sept 2026New Delhi Bench
OMP (ENF.) (COMM.) 158/2022CNR: DLHC010317122022
Justice Om Prakash Shukla

Background

The decree holder sought to enforce an arbitral award against AIIMS (the judgment debtor), but faced the same recurring stamp duty compliance issue under the Indian Stamp Act that has affected several enforcement petitions before this Court.

Decision Breakdown

Counsel for the decree holder sought leave to withdraw the enforcement petition with liberty to re-file it after properly satisfying the stamp duty requirement, including any applicable penalty. The Court granted the leave and dismissed the petition as withdrawn.

Lesson Learnt

Even government/public institutions as judgment debtors do not change the strict stamping requirements for enforcing arbitral awards: decree holders must ensure the award is properly stamped (including any penalty due) before seeking enforcement.

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