By this petition, under Section 34 of the Arbitration and Conciliation Act, 1996 (for short, the Arbitration Act) a challenge is made to the Award dated 31 May 2007, passed by the Arbitral Tribunal in favour of the Respondent (the Contractor) against the Petitioner (Western Railway, Mumbai).

BASIC FACTS:

2. To the tender, as invited by the Petitioner on behalf of the President of India, for sole advertising rights of Borivali Station for one year, the Respondent’s bid was accepted on 15 December 2003. The terms and conditions reflected in form No.3 of the tender document.

3. The basic conditions of the tender notice were as under:

“ 1. The licensee shall admit/ show the plan/text/design of all the advertisements to be displayed at BORIVALI Railway Station, to the Sr. Divisional Commercial Manager and obtain his prior approval for all such displays.

2. This contract is entered into on the express understanding that if for any reasons/cause, the Railway administration is unable to provide the space to exhibit either in full or in part for the full terms of the contract, the Railway administration will allow from the display charges, a proportionate refund of the unexpired