The petitioner (The Chief Project Manager, Central Railway, Mumbai through the Union of India), has challenged Award dated 26.12.2008 passed by the learned Arbitrate Tribunal, by filing the present petition under section 34 of the Arbitration and Conciliation Act, 1996 (for short “the Arbitration Act).

2. The summary of Award is as under:

“CLAIMANT'S CLAIMS:

Claims as per Claims as Amount

Claim No. Brief Description Terms of Modified vide CD Awarded

Reference III

1 Work done not paid 10,16,800/- 10,16,800/- 9,40,580/-

2 Payment of 6th Bill 6,61,180/- 6,61,180/- 5,75,431/-

3 Refund of Security 10,88,100/- 10,88,100/- 10,88,100/-

Deposit

4 Loss of profit 18,43,285/- 18,43,285/- 2,00,000/-

5 Loss of Advance 38,60,700/- 38,30,172/- 1,00,000/-

6 Loss due to 4,50,000/- 4,50,000/- 75,000/-

Infrastructure

7 Under utilization of 51,35,775/- 42,11,397/- Nil

labour

8 Under utilization of 25,67,888/- 21,30,480/- 50,000/-

overheads

9 Loss of business 25,67,888/- Withdrawn Nil

opportunities

10 Interest 24%P.A. 24%P.A Nil

11 Cost of Litigation 5,00,000/- 5,00,000/- Nil

TOTAL 2,74,50,374 30,29,111