VIPIN SANGHI, J.

1. The present petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the “Act”), is directed against the arbitral award dated 13.11.2009 and the order of modification dated 22.02.2010 – passed by the Arbitral Tribunal comprising Hon”ble Mr. Justice P.K. Bahri (Retd.).

2. The brief facts, leading to the present petition and relevant for the present purposes, are summarised as under:

2.1. Respondent herein awarded a contract for General Civil Work Package (4 x 210 MW) at its NCPS (Project) Dadri District, Gautum Budh Nagar, U.P. to the Petitioner herein. A formal contract was executed between the parties on 21.03.1989.

1. 2.2. It appears that the petitioner raised certain claims on the respondent and

demanded payments from the respondent vide letter dated 22.02.1999. On 09.08.1999 (vide R-46), the respondent disputed the said claims. It was alleged that the petitioner had stopped the work and did not restart the same despite notice. It was also stated that the respondent had no alternative but to get the balance work executed at the petitioner”s risk and cost. It was specifically stated that “there is a lot of o