Ambika bhardwaj
Published On: February 01, 2022 at 17:57 IST
On Monday, the Delhi High Court in the Case of Delhi Airport Metro Express Private Limited v. Delhi Metro Rail Corporation Ltd directed the Delhi Metro Rail Corporation (DMRC) to seek directions over Arbitration Award to Delhi Airport Metro Express Private Limited (DAMEPL).
Justice Suresh Kumar Kait was hearing an Early Hearing Application filed by DAMEPL in its Case against DMRC asking enforcement of the Arbitration Award which is dated May 11, 2017.
Senior Advocate Parag Tripathi who was representing DMRC was told by the Court, “I don’t want to listen anything here or there on the next hearing date. You must follow clear directions on how to pay the amount. This Liability, that Liability will not work, otherwise, you will be subjected to an unfavourable Order.”
The Court rescheduled the hearing from March 29 to February 14.
During the previous hearing, the Court reprimanded DAMEPL as they were not coming to the Court with clean hands. It was of the opinion that DAMEPL was communicating with DMRC at the same time in order to resolve the conflict.
The Judgment Debtor, DMRC, submitted a challenge under Section 34 of the Arbitration and Conciliation Act, 1996 to the Award which was rejected by a Single Judge of the High Court on March 6, 2018.
The Judgement was questioned before a Division Bench under Section 37 of the Act which was partially permitted and the Award was set aside through the Judgement dated January 15, 2019.
A Special Leave Petition was filed by DAMEPL, the Decree Holder before the Supreme Court of India against the 2019 Judgement which was permitted in its favour through a Judgement on September 9, 2021.
Also read: Matters which can be placed under Arbitration