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DMRC seeks review of HC order on RInfra dues

On 17 March, Justice Yashwant Varma directed the Centre and the Delhi government to immediately attend to Delhi Metro Rail’s request for extension of the sovereign guarantee/subordinate debt, to clear the dues

DMRC officials termed the amount provided in the Budget as ‘adequate’ for its ongoing projects including the Phase-III construction. Photo: AFP (AFP)Premium
DMRC officials termed the amount provided in the Budget as ‘adequate’ for its ongoing projects including the Phase-III construction. Photo: AFP
(AFP)

Mumbai: The Delhi Metro Rail Corp. (DMRC) on Thursday moved the Delhi High Court seeking a review of a single judge order on Reliance Infrastructure-led Delhi Airport Metro Express Pvt. Ltd’s plea, seeking payment of dues by DMRC under a 2017 arbitral award.

On 17 March, Justice Yashwant Varma directed the Centre and the Delhi government to immediately attend to Delhi Metro Rail’s request for extension of the sovereign guarantee/subordinate debt, to clear the dues.

In its plea, DMRC has now sought a review of the attachment of total DMRC funds, including statutory expenses. Justice Varma’s order said: “In case of a failure on part of parties to proceed in terms of the directions, the entire amount standing to the credit of Total DMRC funds, total project funds and other total funds as of today, shall stand attached forthwith without reference to the court."

In the review petition, the DMRC through Attorney General for India R. Venkatramani submitted in the court that the attachment of the total DMRC funds, comprising statutory expenses and other operation and maintenance expenses are required for the smooth functioning of the Metro in the city, and would result in complete stoppage and immediate shutdown of the entire operations causing huge inconvenience to over 5 million commuters who travel by the Metro daily.

Delhi Metro is locked in a legal tussle with Delhi Airport Metro over payment of arbitration dues of over 7,200 crore it owes to the latter.

In the review plea, DMRC said directions in the 17 March order were contradictory to a judgment of 10 March 2022, when the HC had decided not to attach amounts committed to salary, medical costs, and post-retiral benefits of DMRC employees, along with stated statutory expenses.

“Meanwhile, let both Union and Delhi governments obtain appropriate instructions with respect to directions framed in the 17 March order," Justice Varma said on Thursday.

The court has agreed to hear the review plea on 29 March.

ABOUT THE AUTHOR
Priyanka Gawande
Priyanka Gawande is a senior legal correspondent at Mint. She has worked as legal reporter for four years with both television and digital mediums. Based in Mumbai, she reports on disputes across sectors including banking, corporates and finance. This also includes insolvency and bankruptcy cases and intellectual property rights (IPR) litigation. Her focus also comprises tracking capital markets and disputes relating to securities law. Previously, Priyanka worked with Informist Media for 2.5 years covering major insolvency and bankruptcy cases and corporate developments. She started her career in journalism with Business Television India (BTVi) where she reported on primary markets, banking, finance and insurance companies.
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Updated: 23 Mar 2023, 11:21 PM IST
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