The Airport Express metro line was terminated logically within three months after Delhi Airport Metro Express Pvt Ltd (DAMEPL) withdrew from operating it due to safety concerns, and the Supreme Court ordered the Delhi High Court to carry out the execution of the Rs 4,600 crore arbitration award granted in favour of DAMEPL.
DAMEPL, a subsidiary of Reliance Infra, had its claim that operating on the route was not feasible due to structural problems with the viaduct through which the train would pass, recognized by an arbitral tribunal.
The arbitration ruling in favour of DAMEPL has gained finality, according to a bench of Justices B R Gavai and Vikram Nath, who noted that the legislation regarding execution is the same for the government and its statutory corporations.
"Under normal conditions, we wouldn't have given the issue any thought. The dismissal of the respondent's appeal signifies the finality of the arbitration award made in the petitioner's favour.
"The government and statutory organizations are not exempt from the law of execution. We, therefore, order the High Court to quickly move and conclude the case within three months "declared the bench.
The Delhi Metro Rail Corporation was ordered to pay DAMEPL according to the arbitration verdict that was being heard before the highest court (DMRC).
The Centre's attorney general, R Venkataramani, objected to the DAMEPL's appeal's maintainability, claiming it was filed in opposition to a high court adjournment order.
Venkataramani mentioned a lack of funds, saying, "I don't have any gold or cash in a bank account that I could immediately hand over. It must undergo a procedure. To allow funds, the government will include it in the bill."
Senior advocate Harish Salve, who is representing DAMEPL, claimed that the government has not committed to providing the funds.
"If they are unable to provide money, allow me to seize their assets. Stop allowing this spectacle to go on "said Salve.
Do not call it a circus, Venkataramani responded, "It is a serious matter."
Salve asserted that the top court would have mandated payment within two weeks if the DMRC were a private company.
The high court will be urged by the supreme court to make a swift decision, it was announced.
Before this, the DMRC had previously informed the Delhi High Court that it had written to its equity partners, the Union Ministry of Housing and Urban Affairs and the Government of National Capital Territory of Delhi, requesting assistance so it could pay the award money to the DAMEPL-promoted by Reliance Infra.
For the design, installation, commissioning, operation, and maintenance of the metro line, the DMRC and DAMEPL entered into a contract in 2008.
However, due to various disagreements, the matter was arbitrated, and the arbitration award was made in favour of DAMEPL in 2017.
On May 5, the Supreme Court affirmed a Delhi High Court decision ordering the Delhi Metro Rail Corporation (DMRC) to pay the DAMEPL more than Rs 4,600 crore of the arbitral judgment plus interest in two equal payments over two months.
The arbitration ruling in favour of DAMEPL has gained finality, according to a bench of Justices B R Gavai and Vikram Nath, who noted that the legislation regarding execution is the same for the government and its statutory corporations.
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