Navin Chawla, J. - (1.) I.A. No.17427/2018 (Exemption) Allowed, subject to all just exceptions. OMP (COMM) 514/2018 This petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the "Act") has been filed by the petitioner challenging the Arbitral Award dated 11.08.2018 passed by the Sole Arbitrator adjudicating the disputes that have arisen between the parties in relation to the Concession Agreement dated 23.07.2007 executed between the parties.
(2.) By way of the above referred Concession Agreement the respondent, the Municipal Corporation of Delhi awarded the project for development, design, financing, construction, operation/maintenance and transfer of (a) state-of-the art parking facilities for systematic and organized parking of vehicles at Kamla Nagar, New Delhi, (b) demanding/ levying, collecting, appropriating and retaining parking fees, tariffs, commercial development lease, license fees and user charges as applicable from the users of the facilities, to the petitioner.
(3.) The petitioner constructed eight floors of basement parking with three floors on the top, that is, ground, first and second floor as commercial space. The petitioner filed Tax Return for the year 2014- 2017 and paid Property Tax only in respect of the ground, first and second floor. The respondent in turn issued a notice dated 18.07.2016 demanding Property Tax even with respect to the floors that were being used as parking area. Dispute arose between the parties as to whether the petitioner is liable to pay the Property Tax with respect to the area being used as parking facility.;