HIGH COURT OF DELHI
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA, J
AIRPORTS AUTHORITY OF INDIA – Appellant
Versus
DELHI INTERNATIONAL AIRPORT LIMITED & ANR. – Respondent
JUDGMENT :
DINESH KUMAR SHARMA, J.
| S. No. | Particulars |
| A. | Preface |
| B. | Factual Matrix |
| C. | Submissions on behalf of Petitioner |
| D. | Submissions on behalf of the DIAL |
| E. | Finding and Analysis |
A. PREFACE
1. The present petition has been filed under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "Act") challenging the impugned arbitral award dated 21.12.2023 as corrected under Section 33 of the Act vide order dated 16.01.2024.
2. Airports Authority of India (hereinafter referred to "the Petitioner" and/or "AAI") is a statutory authority established under the Airports Authority of India Act, 1994, responsible for maintaining and managing civil aviation infrastructure in India.
3. Delhi International Airport Ltd. (hereinafter referred to as "Respondent No. 1" and/or "DIAL") is a joint venture entity entrusted with the operation, management, and development of Indira Gandhi International Airport, Mumbai ('IGIA') under an Operation, Management and Development Agreement (hereinafter referred to as "OMDA") dated 04.04.2006 executed between AAI and DIAL.
4. ICICI Bank limited (hereinafter referred to as 'ICICI' or 'Respondent No.2') is a private sector bank and the designated esc











The court upheld the arbitral tribunal's ruling that COVID-19 constituted a force majeure event, excusing the obligation to pay the Annual Fee under the OMDA due to significant revenue loss.
The court confirmed that COVID-19 constituted a Force Majeure event impacting the financial obligations under the OMDA, allowing for necessary contractual reliefs and interpreting the agreement in a ....
The COVID-19 lockdown is recognized as a force majeure event affecting contractual obligations, necessitating equitable treatment for parties under similar circumstances.
The main legal point established in the judgment is the importance of interpreting contractual provisions in accordance with their plain language and the grounds for challenging an award under Sectio....
The judgment emphasizes the limited scope of judicial intervention in Section 34 proceedings and the importance of upholding arbitral awards, highlighting the principles of public policy and the inte....
Point of Law : Non-payment of escalation - Issue of whether the circumstances in which the appellant was placed, entitled him to plead force majeure, or not, is a pure question of fact.
The appeal confirmed that unless fraud or special circumstances exist, arbitrary orders regarding payments or force majeure claims will not suspend contractual obligations, particularly when prior pa....
Demonetisation constituted a force majeure event under the contract, materially affecting obligations, thus allowing waiver of payment claims.
The introduction of GST constituted a 'change in law' and had a material adverse effect on the obligations of the parties under the Contract Agreement, entitling the respondent to remission of paymen....
The encashment of a performance bank guarantee does not require proof of loss, but must comply with the contract's terms; failure to evaluate these terms constitutes patent illegality.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.