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Well Protect Manpower Services Pvt. Ltd vs. Delhi Transport Infrastructure Development Corporation, DTIDC & Anr.

Enforcement Petition (Commercial Arbitration) · 2026:DHC:7599Decided 7 Sept 2026New Delhi Bench
OMP (ENF.) (COMM.) 118/2026CNR: DLHC010224022026
Justice Om Prakash Shukla

Background

The decree holder sought to enforce a 2017 arbitral award against DTIDC, but the stamp duty on the award had only been deposited in August 2026, well beyond the one-month period from the date of the award required under the Indian Stamp Act as applicable in Delhi.

Decision Breakdown

The Court noted this delayed stamping was not in line with the scheme of the Stamp Act, citing its own precedent on the point. Rather than dismiss the petition outright on this technical ground, the Court allowed the decree holder's counsel to withdraw the petition voluntarily, with liberty to file a fresh one after properly complying with the stamp duty requirements.

Lesson Learnt

Stamp duty on an arbitral award generally must be paid within the statutorily prescribed period; failing to do so on time can render an enforcement petition legally defective, even if the underlying award itself is otherwise valid.

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