NEW DELHI: Noting that governments cannot shirk from their liability, the Delhi High Court on Friday directed the Centre and the city government to help with DMRC’s requests in order to pay the dues of Anil Ambani’s Reliance Infra subsidiary Delhi Airport Metro Express Private Limited (DAMEPL).
“The Union Ministry, as well as the GNCTD, shall forthwith attend to the requests of the DMRC for extension of sovereign guarantees/subordinate debt enabling it to liquidate its liabilities under the Award,” Justice Yashwant Varma said in the order asking the government to decide in the matter by March 31. If permission is accorded to the DMRC, it has to pay the entire dues amount with up-to-date interest within a period of one month.
The Ambani firm earlier claimed that the total along with interest up to 14 February 2022 stood at Rs.8009.38 crore out of which the DMRC paid only Rs. 1678.42 crore. A balance of Rs. 6330.96 crore is pending as per the petitioner.
‘If the Union ministry or Delhi government decline the request for providing sovereign guarantees or subordinate debt, the Union ministry shall forthwith or at the end of two weeks revert and repatriate all monies received by it from DMRC post-March 10, 2022… so as to ensure that the credit balance of the DMRC, total project and total other funds reflect the balance as it existed on March 10, 2022,’’ the order said further.
An arbitral tribunal had in May 2017 ruled in favour of DAMEPL, which had pulled out of running the Airport Express metro line over safety issues, and accepted its claim that running the operations on the line was not viable due to structural defects in the viaduct through which the train would pass.
The high court, in its verdict, said when it receives the money from the Union ministry, the DMRC will transfer the amount to the escrow account equal to the total amount payable in terms of the award along with interest.
“In case of a failure on the part of the parties to proceed in terms of the above directions, the entire amount standing to the credit of DMRC, total project and total other funds as of today shall stand attached forthwith without reference to the court,’’ the order clarified.
‘Rs 6,330.96 crore pending’
Anil Ambani’s firm earlier claimed that the total along with interest up to 14 February 2022 stood at Rs 8009.38 crore out of which the DMRC paid only Rs 1678.42 crore. A balance of Rs 6330.96 crore is pending, as per the petitioner.