L.NAGESWARA RAO,J. - (1.) Leave granted. Whether in exercise of its power under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter, 'the 1996 Act'), the Division Bench of the Delhi High Court was right in interfering with the award dated 11.05.2017 passed by the Arbitral Tribunal in favour of the Appellant - Delhi Airport Metro Express Pvt. Ltd. (hereinafter, 'DAMEPL' or the 'Concessionaire'), is the question that arises for consideration in these Appeals.
(2.) Delhi Metro Rail Corporation Ltd. (hereinafter, 'DMRC'), a joint venture of the Government of India and the Government of National Capital Territory of Delhi, proposed implementation of the Airport Metro Express Line project in New Delhi, from New Delhi Railway Station to Dwarka Sector 21 via Indira Gandhi International Airport, New Delhi (hereinafter, 'AMEL'). The approximate length of the project was 22.7 kilometers. It was decided to develop the project by engaging a concessionaire for financing, design, procurement, installation of all systems (including but not limited to rolling stock, overhead electrification, track, signaling and telecommunication, ventilation and air conditioning, automatic fare collection, baggage check-in and handling, depot and other facilities). DMRC had to undertake design and construction of basic civil structure for the project, which was in the nature of a public private partnership.
(3.) The bid of a consortium comprising Reliance Energy Limited (renamed as Reliance Infrastructure Limited) and M/s Construcciones y Auxiliar de Ferrocarriles, S.A. was accepted by DMRC, by issuing a letter of acceptance on 21.01.2008. Thereafter, on 25.08.2008, a Concession Agreement was entered into between DMRC and DAMEPL for design, installation, commissioning, operation and maintenance of the AMEL. It was agreed between the parties that all civil works as well as appointment of consultants, land acquisition and other clearances from the Government and other authorities have to be obtained by DMRC and the design, supply, installation, testing and commissioning of various systems like rolling stock, power supply, overhead equipment, signalling, track system, platform, screen doors, ventilation, architectural finishing etc. were to be provided by DAMEPL. As the work could not be completed in time, extensions were granted and finally, safety clearances were obtained from the Commissioner of Metro Railway Safety (hereinafter, the 'CMRS' or 'Commissioner') on 10.01.2011. The date of commercial operation was achieved on 23.02.2011.;