NEPTUNE INDIA LTD Vs. NEW DELHI MUNICIPAL COUNCIL

JUDGEMENT

(1.) The present petition has been filed under Sec. 11(6) of the Arbitration and Conciliation Act, 1996 seeking appointment of sole Arbitrator to adjudicate the disputes with respondent.

(2.) As per the averments made in the present petition, respondent is a state within the meaning of Article 12 of the Constitution of India and the respondent advertised a Request for Proposal (RFP) for selection of Concessionaire for Design, Development, Implementation, Operation and Maintenance of Smart Parking Solution for on street, off street and indoor parking spaces in NDMC area on Public Private Partnership (PPP) model.

(3.) It is further averred that on 10/7/2017, respondent issued letter of acceptance of tender to the petitioner and Agreement No. 01/EE (WS)/SCP/2017-2018 dtd. 9/8/2017 was executed between the parties. Pursuant to signing the Agreement, the 5059 ECS were handed over to the petitioner on 1/8/2017 and the remaining ECS were allotted on 1/7/2019. In terms of the Agreement, the Concessionaire was required to pay Rs.75.00 lacs per month for 5392 Equivalent Car Space (ECS) or 61% of the gross revenue, whichever is higher. For any change in numbers of car slots from 5392 during the concession period the fee was to be increased or decreased proportionately. The said Agreement was executed for a period of seven years.