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2022 DIGILAW 1968 (SC)

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

2022-12-14

B.R.GAVAI, VIKRAM NATH

body2022
ORDER 1. This petition basically challenges the order passed by the learned Single Judge of the High Court dated 18.11.2022 whereby adjourning the matter to 12.12.2022. 2. Shri R. Venkatramani, learned Attorney General for India basically objects to the tenability of the petition. He submits that the special leave petition arises only out of an adjournment matter and the court should not entertain the same. 3. In ordinary circumstances, we would not have entertained the matter. 4. The arbitration award passed in favour of the present petitioners has reached finality in as much as in special leave petition filed by the respondent, has been dismissed by an elaborate judgment of this Court dated 09.09.2021. 5. Subsequent thereto, the petitioner(s) herein had filed a petition under Section 36 of the Arbitration and Conciliation Act. 6. In the said petition, certain directions were issued by the learned Single Judge of the High Court of Delhi vide order dated 10.03.2022 and special leave petition challenging the same was also dismissed by this Court vide order dated 05.09.2022. In spite of that, the matter is only being adjourned by the learned Single Judge from time to time. 7. The law with regard to execution is not different either for the Government or the Statutory Corporation. 8. We, therefore, direct the learned Single Judge of the High Court to proceed further with the execution of the award expeditiously and take the same to its logical end in accordance with law as early as possible and in any case, within a period of three months from today. 9. The special leave petition is disposed of accordingly, Pending application(s), if any, stand(s) disposed of.