The Delhi High Court on March 10, 2022 in the matter of Delhi Airport Metro Express (“DMRC”) Pvt. Ltd. v. Delhi Metro Rail Corporation (“DAMEPL”) directed the DMRC to pay decretal amount to Delhi Airport Metro Express Pvt Ltd in the plea seeking enforcement of arbitral award dated May 11, 2017.

In the instant case, DAMEPL submitted that out of 8009.38 crores (“arbitral award”), a sum of 1678.42 has been paid by DMRC and the remaining decretal amount payable with interest amounted to 6330.96 crores.

In its submission through affidavit, DMRC stated that amount under total project fund and other fund was committed to the salary, retirement, medical of the employees and commuters to which the court observed as follow:

“In the considered opinion of this Court, the said amount i.e. Rs.514+ Rs.114 crores has to be kept aside for the aforesaid purpose, however, from the remaining amount available in different bank accounts of judgment debtor as well as under other heads, the payments towards decretal amount has to be made”.

The court ordered DMRC to pay the outstanding amount in two instalments. The court was of the view that the prior arbitral award need not be limited to the paper award, therefore DMRC was duty bound to divert its fund to be available under different heads as mentioned in the affidavit submitted by it or if necessary, by loans.