SC directs HC to enforce arbitration award granted to DAMEPL in dispute with DMRC in three months

New Delhi: The Supreme Court on Wednesday directed the Delhi High Court to proceed with the execution of the Rs 4,600 crore arbitration award granted in favour of Delhi Airport Metro Express Pvt Ltd (DAMEPL), which had pulled out from running the Airport Express metro line over safety issues, and take it to a logical end within three months.

An arbitral tribunal had ruled in favour of Reliance Infra's DAMEPL and accepted its claim that running the operations on the line was not viable due to structural defects in the viaduct through which the train would pass.

Observing that law with regard to execution is not different for the government or its statutory corporations, a bench of Justices B R Gavai and Vikram Nath said the arbitration award in favour of DAMEPL has reached finality.

"In ordinary circumstances we would not have entertained the matter. The arbitration award passed in favour of the petitioner has reached finality as appeal filed by respondent has been dismissed.

"The law of execution is not different for the government or statutory organizations. We, therefore, direct the High Court to proceed expeditiously and take it to its logical end within a period of three months," the bench said.

The top court was hearing a plea seeking enforcement of the arbitration award in favour of DAMEPL to be paid by the DMRC.

Attorney General R Venkataramani, appearing for the Centre, objected to the maintainability of the DAMEPL's appeal, saying it was filed against an adjournment order of the high court.

Pointing to lack of funds, Venkataramani said,"I do not have money or gold in some bank account that I can just give it. It has to go through a process. The government will pass it in the bill to apportion funds."

Senior advocate Harish Salve, appearing for DAMEPL, said the government is not committing itself to giving the money.