1. This is a petition by SMS Limited under Section 11(6)(a) read with Section 11(12)(b) of the Arbitration & Conciliation Act, 1996 (‘Act’) seeking reference of the disputes between the Petitioner and the Respondent, South Delhi Municipal Corporation (‘SDMC’) to arbitration.

2. Originally, a Concession Agreement (‘CA’) was entered into on 20th April, 2012 between the Municipal Corporation of Delhi (‘MCD’) and the Petitioner in terms of which a multi-storeyed, state-of-the-art parking facility was to be constructed at Defence Colony, New Delhi on a commercial Design, Build, Finance, Operate and Transfer basis. Some time thereafter in April 2012, the MCD was trifurcated into three Corporations i.e., the North Delhi Municipal Corporation, East Delhi Municipal Corporation and the SDMC. As a result thereof, the rights and obligations of MCD under the CA stood transferred to SDMC. It is stated that on 4th December, 2012, SDMC executed a Lease Deed of the Project site where by all the land and rights comprising the Project site were leased to the Petitioner. According to the Petitioner a huge expenditure was incurred by it in the preparation of architectural drawings for the layout