1. The Petitioner, in this petition under Section 9 of the Arbitration and Conciliation Act, 1996 (‘Act’), is a consortium company which entered into a Concession Agreement (‘CA’) with the Respondent, the National Highways Authority of India (‘NHAI’) to augment the road from Km 103.000 to Km 29.100 (approximately 132.913 Km) on the Gujarat/Maharashtra Border-Surat-Hazira Port Section of NH-6 in the state of Gujarat by four-laning on design, build, finance, operate and transfer basis. The concession period was 19 years commencing from the appointed date of the project site i.e. 30th October 2010.

2. The CA was executed on 18th May 2009. The scope of the project has been specified in Article 2 of the CA as under:

“2.1 Scope of the Project

The scope of the Project (the "Scope of the Project'') shall mean and include, during the Concession Period:

(a) construction of the Project Highway on the Site set forth in Schedule-A and as specified in Schedule-B together with provision of Project Facilities as specified in Schedule-C, and in conformity with the Specifications and Standards set forth in Schedule-D;

(b) operation and maintenance of the Project Highway in accordance with the