SC stays Bombay HC order asking MMRDA to deposit full ₹1,169 crore arbitral award to Ambani's metro JV
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ET Bureau
The Supreme Court has stayed a Bombay High Court order directing the Mumbai Metropolitan Region Development Authority ( MMRDA ) to deposit the entire arbitral award of ₹1,169 crore won by Mumbai Metro One Private Ltd (MMOPL), a subsidiary of Anil Ambani 's Reliance Infrastructure, in 2023.However, the apex court said the HC's direction to deposit the full award amount in favour of MMOPL will remain stayed, subject to MMRDA depositing 50 per cent of the awarded amount in the High Court.A bench led by Justice Manoj Mishra sought a response from MMOPL on MMRDA's appeal against the HC's July 10 order, which refused the latter's request for an unconditional stay on the arbitral award.The top court further clarified that the pendency of the proceedings will not preclude the HC from continuing with the hearing of the application filed by MMRDA under the Arbitration and Conciliation Act , 1996. If the HC finally decides the application in the meantime, this interim order will abide by the HC's decision.Solicitor General Tushar Mehta, appearing for the state entity, argued that the HC's condition to deposit the entire awarded amount at this stage would be unduly harsh. Therefore, it was a fit case to modify the condition imposed by the High Court while granting interim relief to the Ambani firm.MMRDA, in its appeal, submitted that the HC had erred in not granting interim relief, given that the arbitral award was patently illegal and perverse, beyond the scope of the arbitration agreement, in breach of principles of natural justice, and passed without application of mind or any evidentiary basis.A majority decision of the three-member arbitral tribunal in 2023 awarded ₹992 crore plus interest to MMOPL, a special purpose vehicle (SPV) between Reliance Infrastructure (74 per cent stake) and MMRDA (26 per cent stake). The award was passed in 2023 and corrected in 2024. The JV operates Mumbai's first metro line on the Versova-Andheri-Ghatkopar corridor.The Maharashtra government had in June 2006 awarded the Metro One Project to the consortium of Reliance Infrastructure and Veolia Transport SA (now Transdev Ile-de-France).Multiple disputes arose between the parties over development, design, engineering, financing, procurement, construction, operation, and maintenance of the mass rapid transit system, as well as delays in project completion. The metro rail project was delayed by over two years. MMOPL claimed project costs increased from ₹2,356 crore to ₹4,321 crore, which MMRDA contested.Accordingly, the Ambani firm invoked the arbitration clause under the Concession Agreement.
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