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The Delhi High Court has set aside the over ₹4,500-crore arbitration award in favour of Reliance Infrastructure subsidiary DAMEPL, which had pulled out from running the Airport Express metro line over safety issues.
The arbitral tribunal, in its May 2017 award, had accepted DAMEPL’s claim that the running of operations on the line was not viable due to structural defects in the viaduct in which the train would run.
The decision by a bench of justices Sanjiv Khanna and Chander Shekhar came on Delhi Metro Rail Corporation’s (DMRC) appeal against a single judge order of March 6 last year upholding the arbitral award in favour of Delhi Airport Metro Express Pvt Ltd .
The court said the tribunal had ignored and did not consider evidence of certification for commercial operations accorded by the Commissioner of Metro Rail Safety (CMRS) while deciding the question of civil structure faults.
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