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Supreme Court of India

Delhi Airport Metro Express Private Limited v. Delhi Metro Rail Corporation

Neutral citation
Bench L. Nageswara Rao and B.R. Gavai JJ.
Decided 5 May 2022

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

5 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the opinion that it is beyond the competence of the Tribunal to change or alter 733 or modify the provisions of CA. As such, we decide that the Termination payment will be as per the provisions of Article 29.8 of CA and the interest on the Termination payment will accrue from 7.8.2013 (i.e. the date 30 days after the demand of Termination payment by DAMEPL on 08.07.2013).

Judgment, page 17

From the headnote

Arbitration and Conciliation Act, 1996: s. 31(7)(a) – Award of sum under, if inclusive of interest pendente lite – Held: Legislative intent s. 31(7)(a) is clear that the discretion with regard to grant of interest would be available to the arbitral tribunal only when there is no agreement to the contrary between the parties – Phrase “unless otherwise agreed by the parties” clearly emphasizes that when the parties have agreed with regard to any of the aspects covered u/ s.31(7)(a), the tribunal would cease to have any discretion with regard to the aspects mentioned in the said provision – Only…

Authorities it was built on

Where later benches applied it

Of those, 1 relied on · 4 referred to

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