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While directing the HC to take the case to its “logical end” within three months, the apex court bench headed by Justice GR Gavai observed that the law on enforcement of the arbitral award will remain the same for all, including the government and its statutory corporations. The procedure for the execution of the decision is handled by the panel of judges of the higher court.
DAMEPL, which operated the Delhi Airport Express Line, is seeking to recover ₹4,520 crore, including interest, which it claims Delhi Metro still owes them. DMRC has so far paid Rs 2,700 crore towards the award.
Under its contract with DMRC, subsidiary Reliance Infra was supposed to run the airport line until 2038. It halted operations citing safety concerns due to structural defects in the viaduct built by DMRC and pulled out of the contract citing an arbitration clause. In May 2017, the arbitral tribunal accepted DAMEPL’s claim.
On Wednesday, Attorney General R Venkataramani, appearing for DMRC, informed the apex court that he has written to his two shareholders – the Union Ministry of Housing and Urban Affairs and the Delhi government – to work out the modalities and give a timeline for payment to DAMEPL.
The court told the DMRC not to “repeat” acts like delaying enforcement of arbitral awards.
The Supreme Court had earlier this week criticized the government for not complying with the arbitration awards and asked Venkataramani to give a deadline to pay the remaining amount to DAMEPL.
It was said on Wednesday that the government should not make speeches all over the place promoting India as an international arbitration center when it is not serious about executions.
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