$~62 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010410432026 + ARB.P. 1558/2026 M/S METRRO WASTE HANDLING PRIVATE LIMITED .....Petitioner Through: Mr Tarang Gupta and Mr. Vivek Munji, Advocates versus MUNICIPAL CORPORATION OF DELHI .....Respondent Through: Mr. Tushar Sannu, (Standing Counsel MCD) with Mr. Shrey Bhardwaj Advocate CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD O R D E R % 02.09.2026 I.A. 23934/2026 (Exemption) Allowed, subject to all just exceptions. ARB.P. 1558/2026 1. The instant petition under Section 11(6) of the Arbitration & Conciliation Act, 1996 has been filed by the Petitioner for appointment of an Arbitral Tribunal to adjudicate upon the disputes which have arisen between the parties. 2. It is the case of the Petitioner that the Petitioner and the Respondent entered into a Concession Agreement dated 19.01.2022 for Door-to-Door Collection and Transportation of Municipal Solid Waste to Disposal Site This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/09/2026 at 10:48:27 and Operation & Maintenance of Equipments/Machineries for Karol Bagh Zone in North DMC (“Concession Agreement”). 3. It is the case of the Petitioner that the Respondent arbitrarily withheld the amounts and made illegal deductions from the Petitioner’s monthly bills from 2024 onwards alleging failure to collect 100% segregated waste. 4. It is stated that disputes have arisen between the parties inter alia regarding alleged arbitrary deductions, reduction/non-revision of tipping fees for waste transported to Okhla WTE Plant, premature issuance of Commercial Operation Date despite failing to hand over 15 Fixed Compactor Transfer Stations, non-payment of price variation dues and delay in implementing User Fee collections. It is stated that the total value of the dues withheld by the Respondent exceeds Rs.4,59,67,530/-. 5. It is stated that Article 10.1 (a) read with (b) of the Concession Agreement contains an arbitration clause wherein the parties have decided to resolve their disputes through arbitration. The seat of arbitration is in Delhi. 6. It is stated that since the amicable resolution process failed, a notice under Section 21 of the Arbitration & Conciliation Act was issued by the Petitioner on 28.07.2025. It is stated that since there is no response from the Respondent, the Petitioner has approached this Court by filing the present petition. 7. Issue notice. 8. Learned Counsel for the Respondent accepts notice. Service is complete. 9. Though the arbitration clause provides for constitution of a panel of three arbitrators for adjudication of disputes, however, when this Court put a suggestion to the learned Counsel for the parties that a Sole Arbitrator can This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/09/2026 at 10:48:27 be appointed to adjudicate the disputes, learned Counsel for the parties state that they have no objection regarding appointment of the Sole Arbitrator. 10. Accordingly, Mr. P. Parameshwar, Senior Advocate, (Mob No: 981811384) is appointed as the Sole Arbitrator to adjudicate upon the disputes between the parties. 11. The arbitration would take place under the aegis of the Delhi International Arbitration Centre (DIAC) and would be subject to its rules and regulations. The learned Arbitrator shall be entitled to fees as per the Schedule of Fees maintained by the DIAC. 12. The learned Arbitrator is also requested to file the requisite disclosure under Section 12(2) of the Arbitration & Conciliation Act, 1996, within three weeks of entering reference. 13. All rights and contentions of the parties in relation to the claims/counter-claims are kept open, to be decided by the learned Arbitrator on their merits, in accordance with law. 14. Needless to state, nothing in this Order shall be construed as an expression of this Court on the merits of the contentions of the parties. 15. The present Petition stands disposed of in the above terms along with pending application(s), if any. SUBRAMONIUM PRASAD, J SEPTEMBER 02, 2026 hsk This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/09/2026 at 10:48:27