JUDGMENT :

(G.S. Patel, J.) -

1. The challenge is to a judgment dated 31st March 2017 under Section 34 of the Arbitration & Conciliation Act, 1996 (“the Arbitration Act”). The Appeal is under Section 37 of the Arbitration Act. The judgment in question was a common judgment in two arbitration petitions under Section 34. The Appeal is only in one of these. To explain: Arbitration Petition No. 162 of 2009 was filed by one Angerlehner Structural and Civil Engineering Company (“Angerlehner”) against the MCGM. The second Arbitration Petition No. 925 of 2012 was by the Municipal Corporation of Greater Mumbai against the present Appellant, Arabian Jacking Enterprises for Contracting and Trading Company (“AJECT”). The contracts in both cases were different. The Awards in both cases were different. But both contracts had an identical price escalation clause and a formula for its application. On an identically worded price escalation clause in two separate contracts, two different three-member tribunals took diametrically opposite views.

2. Both petitions were heard together. The learned Single