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2014 Supreme(Del) 1911

MANMOHAN SINGH
Delhi Airport Metro Express Pvt Ltd. – Appellant
Versus
CAF India Pvt Ltd. – Respondent


Advocates Appeared:
For the Plaintiff :Arvind Nigam, Sr. Adv. with Dinesh Pardasani, Milanka Chaudhury, Isha J. Kumar, Advocates.
For the Defendants :Arun Kathpalia, Bishwajit Dubey, Mohammad Ali Khan, Aman Avinav, Shantanu Tyagi, Advocates.

Judgment :

Manmohan Singh, J.

1. This is a suit for declaration and permanent injunction filed by the plaintiff against the defendants seeking declaration that the arbitration agreement under the contract between plaintiff and defendant No.1 is illegal, null and void and unenforceable; the commencement of the arbitration proceedings by the defendants at London before ICC is null, void and of no legal consequence; and a permanent injunction restraining the defendants from pursuing the arbitration proceedings at ICC London. Along with the suit an application being I.A. No. 10776/2014 under Order 39 Rule 1 and 2 CPC was also filed.

2. Brief facts for the purpose of adjudication of the present matter are that the Plaintiff Company is a Special Purpose Vehicle incorporated for the purposes of operating the Delhi Airport Metro Express Line (hereinafter referred to as the "Project"). The Project connects the Indira Gandhi International Airport, New Delhi, India with the city of New Delhi.

3. For the purpose of bidding in a tender issued by the Delhi Metro Rail Corporation (hereinafter referred to as “DMRC”) for award of the Project, Reliance Infrastructure Limited (hereinafter referred to














































































































































































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