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2024 Supreme(Online)(DEL) 31606

HIGH COURT OF DELHI
AIRPORTS AUTHORITY OF INDIA – Appellant
Versus
DELHI INTERNATIONAL AIRPORT LIMITED – Respondent


JUDGMENT

YASHWANT VARMA, J.

1. These two petitions under Section 34 of the Arbitration and Conciliation Act, 1996, [Act] instituted by the Airport Authority of India, AAI seek to assail the Awards dated 16 July 2022 as corrected in terms of Section 33 of the Act by an order dated 29 August 2022 for Mumbai International Airport Ltd, [MIAL]. The Arbitral Tribunal, [Tribunal] which comprised of three former Supreme Court Justices has rendered an Award, with two of the learned Arbitrators joining in rendering the Majority Opinion with the Presiding Arbitrator delivering a dissent. The Court shall, for the sake of brevity, refer to the views as expressed as the Minority and Majority Opinions. Both MIAL as well as the Delhi International Airport Limited, [DIAL] had raised similar disputes. The operative part of the impugned Award made in the matter of DIAL is extracted hereinbelow:

Operative portion of the Award

The Award consists of two parts - (1) the A ward made by the Presiding Arbitrator; and (2) the Award made by the two Co- Arbitrators (Justice J. Chelameswar and Justice B. Sudershan Reddy).

The award of the Presiding Arbitrator sets out the facts and deals with all claims/reliefs. Th


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