Problem using delivery notification while initializing a correlation set

In project I have, a message is going to send on a file port and later on a receive file port is going to receive another message correlating on some properties. I enclosed a syncronized scope, set send port 'deliver notification' to transmitted, hoping I can get XLANGs.DeliveryFailureException if send port is down. Problem is, even the send port is down, the orchestration just get dehydrolated waiting for the response, I am not getting the exception! Anyone have idea of a possible solution for this?