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2023 Supreme(Del) 956

YASHWANT VARMA
Delhi Airport Metro Express Private Limited – Appellant
Versus
Delhi Metro Rail Corporation Ltd. – Respondent


Advocates appeared:
Mr. Kapil Sibal, Senior Advocate with Mr. Mahesh Agarwal, Mr. Rishi Agarwal, Mr. Shri Venkatesh, Ms. Megha Mehta, Ms. Niyati Kohli, Mr. Pranjit Bhattacharya, Mr. Suhael Buttan, Mr. Vineet Kumar, Ms. Manavi Agarwal and Ms. Manisha Singh, Advocates, for Decree Holder.
Mr. Tarun Johri, Mr. Vishwajeeet Tyagi, Mr. Ankur Gupta, Advocates with Mr. Sanjay V. Kute, GM/Legal, DMRC. Mr. Chetan Sharma, ASG with Mr. Apoorv Kurup, CGSC, Mr. Amit Gupta, Ms. Nidhi Mittal, Mr. Ojaswa Pathak, Mr. R.V. Prabhat, Mr. Vinay Yadav and Mr. Suresh Tripathi, Advocates, for the UOI.
Mr. Parag P. Tripathi, Senior Advocate and Mr. Manish Vashisht, Senior Advocate with Mr. Santosh Tripathi, SC with Mr. Udit Malik, ASC, Mr. Arun Panwar, Ms. Rachita Garg and Ms. Astha Gupta, Advocates for GNCTD.

ORDER

EX.APPL.(OS) 2933/2022 in OMP (ENF.) (COMM.) 145/2021

1. The present execution petition relates to an award dated 11 May 2017. The challenge under Section 34 of the Arbitration and Conciliation Act, 1996 [The Act] which was mounted by the Delhi Metro Rail Corporation [DMRC] came to be dismissed on 06 March 2018. DMRC is thereafter stated to have preferred an intra-court appeal which came to be partly allowed by the Division Bench in terms of its judgement dated 15 January 2019.

2. Aggrieved by the aforesaid, the execution petitioner preferred a Special Leave Petition before the Supreme Court which was allowed in terms of the judgement rendered on 09 September 2021. The said decision stands reported as Delhi Airport Metro Express (P) Ltd. v. Delhi Metro Rail Corporation Ltd., (2022) 1 SCC 131: The review petition preferred by DMRC seeking review of the aforesaid order also came to be dismissed by the Supreme Court on 23 November 2021. The execution petition as well as the objections which had come to be preferred came up for substantive consideration before the Court thereafter.

3. For the purposes of the present order, it would be pertinent to principally advert to the orde










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