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Showing contexts for: Structural defects in Delhi Metro Rail Corporation Ltd vs Principal Commissioner, Service ... on 24 February, 2023Matching Fragments
11 ST/50500 & 51771/2016-DB 3470 crores as termination payment alongwith interest and further amounts, on the ground that DMRC did not cure the defects in the civil structure in terms of 'cure notice' dated 09.07.2012 and thus failed to discharge its obligation under the Concession Agreement. 8.2. The Arbitral Tribunal formulated the following primary issues for consideration in relation to the termination notice dated 8-10- 2012:
"(i) Were there any defects in the civil structure of the airport metro line?
(ii) If there were defects, did such defects have a material adverse effect on the performance of the obligation of DAMEPL under CA?
(iii) If there were defects in the civil structure, which had a material adverse effect on the performance of the obligations under the CA by DAMEPL, have such defects been cured by DMRC and/or have any effective steps been taken within a period of 90 days from the date of notice by DAMEPL to cure the defects by DMRC and thus were DMRC in breach of the CA as per Article 29.5.1(i)?"