JUDGMENT :

M.R. Shah, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court of Delhi in OMP No.459 of 2017 by which the High Court has dismissed the said petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “the Arbitration Act, 1996”) in which the appellant – National Highway Authority of India (hereinafter referred to as “NHAI”) prayed to set aside the Arbitral Award dated 15.09.2017 and also the order passed by the Arbitral Tribunal not entertaining and/or considering the counter claim filed by the NHAI, the original petitioner – NHAI has preferred the present appeal.

2. The facts leading to the present appeal and the case on behalf of the appellant – NHAI are as under:-

2.1 That the NHAI and the respondent entered into a contract. An Engineering Procurement and Construction (EPC) Agreement (hereinafter referred to as “Contract”) was executed between the parties on 13.11.2014 in respect of "improvement / augmentation of two laning with paved shoulders from km.94/000 to km.174/000 (design chainage from km.94/000 to km.174/000) of Karaikudi-Ramanathapuram Section of National Highway No. 210