1. The challenge here is to an interim arbitral award on the ground that it decides the rights of the parties finally and has required only the quantum due to the petitioner to be ascertained by an expert under Section 26 of the Arbitration and Conciliation Act, 1996. The ground urged by the petitioner is that there is error apparent on the face of the award in the flawed interpretation of a key clause of the agreement between the parties.

2. Pursuant to a tender process initiated in December, 2008, Damodar Valley Corporation issued a work order to the petitioner on June 25, 2009, inter alia, for liaising with the railways and coal companies for supply of coal to the Mejia Thermal Power Station of DVC, the uploading of coal rakes, the annual repair and maintenance of coal handling plants and the removal of technological waste from the relevant units. It is the admitted position that the work was undertaken by the petitioner for DVC about a fortnight prior to the issuance of the formal work order.

3. The matter in issue herein is the petitioner’s claim on account of escalation. It is not in dispute that the counter-claim made by the petitioner has been rejected in its ent