Delhi High Court - Orders
Construcciones Y Auxiliar De ... vs Delhi Airport Metro Express Private ... on 10 May, 2023
Author: Chandra Dhari Singh
Bench: Chandra Dhari Singh
$~40
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P.(I) (COMM.) 375/2020
CONSTRUCCIONES Y AUXILIAR DE FERROCARRILES &
ANR. ..... Petitioners
Through: Mr. Shantanu Tyagi and Mr. Anand
Raja, Advocates
Mr. Kunal Tandon, Mr. Prithvi Sidhu
and Mr. Jasneet Jolly, Advocates for
applicant/intervener in I. A. No.
5825/2022
versus
DELHI AIRPORT METRO EXPRESS PRIVATE LIMITED
(INDIA) ..... Respondent
Through: Mr. Anirudh Bakhru, Mr. Rishi
Agrawala, Ms. Shruti Arora, Ms.
Tarini Khurana, Ms. Pragya
Choudhary, Mr. Vijay Laxmi Rathi
and Mr. Umang Tyagi, Advocates
CORAM:
HON'BLE MR. JUSTICE CHANDRA DHARI SINGH
ORDER
% 10.05.2023
I.A. 5829/2022 (Exemption)
Subject to the petitioners filing the clear, original and legible/typed copies of any dim documents on which the petitioners may seek to place reliance, within four weeks from today, exemption is granted for the present.
Signature Not Verified Digitally Signed By:SARIKA BHAMOO VERMA Signing Date:11.05.2023 19:00:23The application is disposed of.
I.A. 5828/2022 (Seeking modification of order dated 20th September, 2021)
1. The instant application under Section 151 of the Code of Civil Procedure, 1908 has been filed on behalf of the applicant/intervener seeking clarification of the order dated 20th September, 2021 by the predecessor of this Court.
2. Learned counsel appearing on behalf of the applicant/intervener submitted that as per the terms and conditions of the Concession Agreement and to safeguard the interest of the lenders bank, an Escrow Agreement was executed on 30th April, 2009. The said Escrow Agreement is a Tripartite Agreement executed between DAMEPL, DMRC and the applicant/intervener. The Escrow Agreement inter alia records the terms for operation of the Escrow Account bearing No. 173010200016931.
3. It is submitted that the termination payment which is to be deposited in the Escrow Account has to be utilised as per the waterfall mechanism provided in the Concession Agreement and in the Escrow Agreement.
4. It is submitted that the applicant/intervener received communication dated 9th December, 2021 from DAMEPL whereby they informed the applicant/intervener regarding the instant matter with CAF who also had an award in its favour against DAMEPL. DAMEPL vide the said communication apprised the applicant/intervener regarding two orders passed by this Court dated 4th December, 2020 and 20th September, 2021.
5. It is further submitted that the applicant/intervener also moved an application I.A. No. 3545/2022 in O.M.P.(I) (COMM.) 265/2020 for clarification of the order dated 18th February, 2022 and the Coordinate Bench of this Court dismissed the said application vide order dated 4th Signature Not Verified Digitally Signed By:SARIKA BHAMOO VERMA Signing Date:11.05.2023 19:00:23 March, 2022 in terms of the observations made in paragraph 10 and 11. The contents of the paragraph 10 and 11 reads as under:
"10. In the final order, no reference or direction whatsoever has been issued to Axis Bank Limited - the proposed intervenor. The instant proceedings arose under Section 9 of the Act and its scope thereof is limited. The Court has not even decided any inter se rights and obligations of the parties. The petitions have been concluded on the basis of a Settlement Agreement that binds the parties to the petition. Merely because the interpretation of an order is causing prejudice to the proposed intevenor, cannot be a ground to form a basis for this Court to give any clarification(s) or modification(s) of the order therein.
11. Accordingly, the Court does not find any merit in the present application to modify/clarify the said order. Needless to say, all rights and contentions of the parties on the grounds urged in the application are left open. "
6. It is submitted that the instant application has been filed for clarification of order dated 20th September, 2021 and the reply to the application has also been filed by the respondent.
7. Learned counsel for the applicant/intervener fairly conceded that he is not pressing the contentions made in the instant application, however, he prayed that the instant application may be disposed of in terms of the observations made in paragraph 10 and 11 of the order dated 4 th March, 2022 passed by the Coordinate Bench of this Court and paragraph 9 of the reply filed by the respondent to the instant application.
8. At this juncture, learned counsel appearing on behalf of the applicant/intervener submitted that since the similar application had also been adjudicated by the Coordinate Bench of this Court, he prayed that the same order may be passed in the instant application.
Signature Not Verified Digitally Signed By:SARIKA BHAMOO VERMA Signing Date:11.05.2023 19:00:239. Learned counsel appearing on behalf of the respondent has no objection if the instant application may be disposed of in terms of the observations made in paragraph 10 and 11 of the order dated 4th March, 2022 passed by the Coordinate Bench of this Court and paragraph 9 of the reply filed by the respondent to the instant application.
10. Heard learned counsel for the parties and perused the order dated 4 th March, 2022 and reply filed on behalf of the respondent and the contents made in the instant application.
11. In view of the submissions advanced on behalf of the parties, the instant application is disposed of in terms of the paragraph 10 and 11 of the order dated 4th March, 2022 and the paragraph 9 of the reply filed on behalf of the respondent.
O.M.P.(I) (COMM.) 375/2020 List on 10th August, 2023.
CHANDRA DHARI SINGH, J MAY 10, 2023 gs/as Click here to check corrigendum, if any Signature Not Verified Digitally Signed By:SARIKA BHAMOO VERMA Signing Date:11.05.2023 19:00:23