In Brief
Delhi Metro Rail Corporation challenged an arbitral award favoring Delhi Airport Metro Express Private Limited (DAMEPL) to Rs 2,782 crore termination payment. DAMEPL had terminated the concession agreement citing safety defects and inadequate remediation within the cure period. The Supreme Court's two-judge bench had restored the award; the curative petition challenged this. The Supreme Court held the original award patently illegal because it unreasonably interpreted the termination clause, overlooked vital evidence (CMRS safety certification), and lacked reasoning on whether effective remedial steps were taken. The Court allowed the curative petition and set aside its prior judgment, finding a grave miscarriage of justice in restoring the patently illegal award.
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