Delhi High Court Seeks DMRC's Stand On Making Payment Of Arbitral Award To DAMEPL

The Delhi High Court on Monday asked Delhi Metro Rail Corporation (DMRC) to take instructions as to how it will make the payment of arbitral award to Delhi Airport Metro Express Private Limited (DAMEPL).

Justice Suresh Kumar Kait was hearing an early hearing application filed by DAMEPL in it's plea against DMRC, seeking enforcement of the arbitration award dated May 11, 2017.

"On the next date of hearing, I don't want to hear anything here or there. You have to take clear instructions on how to pay the amount. This liability, that liability will not work otherwise you will face an unpleasant order," the Court told Senior Advocate Parag Tripathi appearing for DMRC.

Accordingly, the Court preponed the hearing from March 29 to February 14.

During the previous course of hearing, the Court had pulled up the DAMEPL for playing hide and seek with the Court, adding that it was not coming to the Court with clean hands. It was of the view that DAMEPL was holding simultaneous communications with DMRC in order to settle the dispute.

DAMEPL Playing 'Hide & Seek', Not Here With Clean Hands: Delhi High Court In Plea For Enforcement Of Arbitral Award Against DMRC

The Judgment Debtor, DMRC, had preferred a challenge under Section 34 of the Arbitration and Conciliation Act, 1996 to the Award which was dismissed by a Single Judge of the High Court vide judgment dated March 6, 2018.

Thereafter, the said judgment was challenged before a division bench under Section 37 of the Act which was partly allowed and the Award was set aside vide judgement dated January 15, 2019.

DAMEPL, the Decree Holder, had then preferred a Special Leave Petition before the Supreme Court of India against the judgement of 2019 which was allowed in it's favour vide judgement dated September 9, 2021.

Accordingly, since the Award of 2017 could be executed as a decree in terms of Section 36 of the Act, the present petition was being filed by DAMEPL for execution of the Award passed by the Arbitral Tribunal.

Case Title: Delhi Airport Metro Express Private Limited v. Delhi Metro Rail Corporation Ltd.