BADAR DURREZ AHMED, J

1. Through this petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the ‘said Act’), the petitioner is seeking the setting aside of the Award dated 11.10.2006 made by the Arbitral Tribunal comprising of Sh. K. K. Madan (Presiding Arbitrator), Lt. Gen. A. K. Puri (retired) and Justice A. B. Rohtagi (Retired) in the matter of arbitration for the work of widening of four lane and rehabilitation of existing two lane carriageway of NH-4, Pune-Satara stretch from Satara (Km 725) to Wathar (Km 760), Package-I. The respondent herein had preferred six claims. The petitioner herein is aggrieved by the decision of the Arbitral Tribunal in respect of the claim Nos. 1-5.

2. As indicated in the impugned Award a contract bearing agreement No. NHAI/13011/17/97-P1/182 dated 10.05.2001 had been entered into between the petitioner and the respondent for the execution of the work of widening the existing two lane highway to four lanes as well as rehabilitation of the existing two lane carriageway of National Highway-4 in the Pune-Satara stretch. The contract was in respect of the portion of the road between Satara (Km 725) a