Reliance-owned DAMEPL playing hide and seek with Court, not here with clean hands: Delhi High Court

The Delhi High Court on Tuesday remarked that Anil Ambani-owned Reliance Infrastructure and its subsidiary Delhi Airport Metro Express Private Limited (DAMEPL) were playing hide and seek with the Court and have not come before it with clean hands [Delhi Airport Metro Express Private Limited v Delhi Metro Rail Corporation]..The remarks were made while Justice Suresh Kumar Kait was hearing an execution petition filed by DAMEPL seeking enforcement of the arbitration award of ₹7,200 crore that it won against the Delhi Metro Rail Corporation (DMRC). The award was upheld by the Supreme Court in September last year..On Tuesday, the Court was informed by Senior Advocate Parag Tripathi, appearing for DMRC, that the DAMEPL was in talks with the DMRC to take over its liabilities to the tune of ₹6,200 crore. This, Tripathi, submitted, was contrary to the stand taken by the company before the Court where it had outrightly rejected a similar offer made by the Centre government.Tripathi referred to communications dated December 30, 31 and January 6 to show that the DAMEPL had been in touch with DMRC and at one point even said that it was ready to deal with them if they will take over the entire debt of the outstanding amount of ₹6,200 crore owed by DMRC..Advocate Prateek Seksaria, appearing for DAMEPL, argued that the government was misleading the Court on the issue as it was DMRC which had initiated this dialogue outside court by holding a meeting with the lenders despite the proposal being rejected by the company.“We told them that we are surprised to note that the officials of DMRC invited our lenders without any prior notice to us. DMRC would have the locus to meet our bankers only if in the first instance they agreed to take over our liabilities. I said you can’t meet them behind our backs. This clumsy attempt is hopeless and this has been rejected in the court. I have said nothing different,” Seksaria argued..The Bench, however, said that whenever DAMEPL comes before the Court, it takes a different stand while continuing to have discussions with DMRC outside court.“Don’t argue in the court and make communication with them at the same time. If you do, we will throw the petition out,” Justice Kait warned.In its order, the Court noted, “Since the counsel for the petitioner is making submissions before this Court and communicating with the debtor to settle the dispute in manner preffered by debtors in this fashion, the decree holder is not coming before the Court with clean hands.”.The Court has now listed the case for further hearing on March 29..DMRC recently informed the Delhi High Court that it has a little over ₹6,200 crore in its bank accounts, not enough to pay the ₹7,200 crore amount directed to be paid to DAMEPL by an arbitral tribunal..The Corporation had earlier told the Delhi High Court that Reliance Infrastructure was arm-twisting the government with regard to the payment.