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DELHI HIGH COURT
PRATHIBA M.SINGH
Kake Finvest Pvt. Ltd. – Appellant
Versus
Delhi Metro Rail Corporation Ltd. – Respondent
JUDGMENT
Prathiba M. Singh, J. (Oral)--This hearing has been done by video conferencing.
2. The present writ petitions have been filed by various parking contractors who have been awarded parking contracts by the Delhi Metro Rail Corporation (hereinafter, `DMRC').
3. These petitions challenge the scheme awarded by the DMRC vide letter dated 1st December, 2020, for payment in respect of the period when the Covid-19 lockdown was in effect. The case of the Petitioners is that during the lockdown period, the DMRC has granted exemption from payment of licence fee for the period from 23rd March, 2020 to 11th September, 2020. Thereafter, however, a scheme has been devised for payment on a percentage basis, compared to the previous years' average metro train journeys.
4. Mr. Rakesh Tikku, ld. Sr. counsel appearing for the Petitioners submits that, on the one hand, traffic in the metro trains has not been the same as what it was in the previous years. Secondly, owing to the various conditions which have been imposed i.e., seats to be kept vacant and other terms for social distancing, traffic in the metro trains has considerably reduced. Ld. Senior counsel also submits that the apprehe
The court upheld the DMRC's payment scheme for parking contracts during COVID-19, emphasizing the importance of conciliation and arbitration for disputes and affirming the rationale behind adjusting ....
The main legal point established is the enforcement of conciliation and arbitration clauses in contracts, the waiver of license fee during force majeure events, and the interpretation of payment mech....
The COVID-19 lockdown is recognized as a force majeure event affecting contractual obligations, necessitating equitable treatment for parties under similar circumstances.
In case the site is required by the Licensor for its own or public purposes, the Licencee shall have to hand over the vacant possession of the site at once.
The main legal principle established is the court's authority to appoint a sole arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996, to adjudicate disputes between parties wh....
A force majeure clause may apply to contract obligations if unforeseen circumstances, such as a pandemic, prevent performance, potentially allowing for reductions in contractual fees.
The court upheld that discretion in contract renewal must be exercised transparently, requiring justification from DMRC for refusal to extend the license agreement.
The court established that disputes arising from contractual agreements can be resolved through arbitration when both parties consent, even amid claims of contractual default and force majeure condit....
The court emphasized the limited scope of interference in appeals under Section 37 of the Arbitration Act and the primary role of the arbitrator in interpreting contract terms.
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