Harish Salve-Kapil Sibal came together on the bench of CJI DY Chandrachud, Attorney General was in front

Delhi Airport Metro Express Pvt Ltd (DAMEPL) told the Supreme Court that it is not demanding any compensation from the Delhi Metro Rail Corporation (DMRC), but is demanding compensation for running the airport metro line here in view of the 2017 arbitration order. Wants to refund the cost of the train purchased for the train. A special bench of CJI DY Chandrachud, Justice BR Gavai and Justice Surya Kant reserved its verdict on the curative petition of Delhi Metro Rail Corporation (DMRC) against the arbitration award of Rs 8,000 crore in favor of DAMEPL. The interesting thing is that senior advocates Harish Salve and Kapil Sibal appeared together before the CJI bench. Both presented arguments for DAMEPL.

DMRC has filed a curative petition against the rejection of its review petition by the court in this case. Senior advocates Harish Salve and Kapil Sibal, appearing for DAMEPL, termed DMRC’s curative petition against the apex court’s decisions as an ‘ambush lawsuit’. DMRC is challenging the arbitration order’s decision on the ground that the notice dated October 8, 2012 issued by DAMEPL for termination of the concession agreement relating to the operation of the Airport Metro line in the national capital was ‘illegal’.

Attorney General appeared on behalf of DMRC
Attorney General R, appearing for DMRC. Venkataramani and senior lawyer KK Venugopal argued that the curative petition was meritorious and the mediation order was wrong. Maintaining this order would amount to denial of justice. Earlier, Salve presented his arguments on behalf of DAMEPL and said, ‘I am not suing them (DMRC) for losses. I am not demanding even a single rupee as compensation. I am asking for the cost of the train.

Salve presented his arguments. Completing his arguments, Salve said, ‘They (DMRC) have trains. They have to pay for the train and this (arbitral) decision is related to the price of the train. Well…if the amount has increased then arbitration law applies accordingly.’ He also mentioned some structural deficiencies in the airport metro line and said that in case of any untoward incident the firm will be held liable and sometimes liable. Could also be criminal.

What did Kapil Sibal say?
Sibal also appeared on behalf of DAMEPL company. He discussed judicial principles and law related to curative petition and said that DMRC’s petition is not maintainable. Sibal said, ‘The curative petition cannot be decided on the basis of facts of each case. If such petitions are allowed on the basis of declared facts, it will open a Pandora’s box.