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Delhi HC to hear Reliance Infrastructure's execution petition on Monday
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SME Times News Bureau | 04 Dec, 2021
The Delhi High Court will hear the execution petition of Reliance
Infrastructure's subsidiary Delhi Airport Metro Express Pvt Ltd (DAMEPL)
on Monday.
The execution petition was filed by the DAMEPL against Delhi Metro Rail Corporation (DMRC), to get the Supreme Court order enforced, that had upheld the Rs 7,100 crore arbitration award in favour of the company.
Over
three months have passed since the pronouncement of the order by SC in
favour of DAMEPL, DMRC is yet to make the payment to the company. The
Supreme Court has also dismissed the review petition of DMRC.
The
DMRC has been utilizing the Project Assets constructed/installed by
Reliance Infrastructure-subsidiary DAMEPL and the Project revenues ever
since July 2013.
According to legal sources, each day of delay by
DMRC, in satisfying the award, costs Rs 1.75 crore to the exchequer.
Out of the money-decree of Rs 7,200 crore as on date, Rs 2,945 crore is
the principal amount and the remaining Rs 4,255 crore is the pre-award
and post-award interest.
DAMEPL had succeeded in the Supreme
Court against DMRC, on the issue of termination of the Concession
Agreement for the Airport Metro Express Line. The Termination Payment
and other compensation, under the arbitral award amounting to Rs 7,100
crore were confirmed by the Supreme Court in its order on September 9,
2021.
When contacted, Reliance Infrastructure spokesperson declined to comment as the matter is sub judice.
The
Department of Expenditure, Ministry of Finance, Govt of India, has
issued "General Instructions on Procurement and Project Management" on
October 29, 2021 which emphasise that appeals are sometimes resorted to
by officials to postpone the problem and defer personal accountability
and that casual appealing in cases has resulted in payment of heavy
damages/ compensation/ additional interest cost, thereby causing more
harm to the exchequer.
The Instructions also state that
officials responsible for not adhering to the Rule 227A of the GFRs
would be held personally accountable for the additional interest
arising, in the event of the final court order going against the entity.
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