JUDGMENT :

The hearing has been conducted through video conferencing.

1. The present petition has been preferred under the provisions of Section 11(6) r/w Sec. 15(2) r/w Sec. 11(5) & (6) of the Arbitration and Conciliation Act, 1996 seeking appointment of sole Arbitrator in substitution.

2. The petitioner-company, registered under the Companies Act, inter alia is specialized in handling and managing waste. Petitioner-company had entered into an Agreement on 03.06.2011 with erstwhile Municipal Corporation of Delhi (MCD), for sweeping the roads having “Right of way (ROW) 60 feet and 100 feet’ by deploying mechanical sweepers. According to petitioner, although the Agreement was with the MCD but the same was later trifurcated and respondent herein i.e. South Delhi Municipal Corporation (SDMC) is the one of the three successors of MCD.

3. Notice issued.

4. Mr. Sandeep Bajaj, Advocate, accepts notice on behalf of respondent-SDMC.

5. The case of petitioner is that some dispute arose with respondent-SDMC with regard to aforesaid Agreement dated 03.06.2011 and petitioner had approached this Court for appointment of an Arbitrator and vide order dated 05.09.2016 [in ARB P. 298/2016], this Court had