1. These two petitions have been filed by the Petitioner, Public Joint Stock Company Power Machines - Ztl, Lmz, Electrosila, Energomachexport under Section 34 of the Arbitration and Conciliation Act, 1996 (‘Act’). The challenge in OMP No.344/2015 is to the partial Award dated 18th February, 2015 passed by the three-member Arbitral Tribunal (‘AT’) and the challenge in OMP (Comm.) No. 316/2016 is to the final Award dated 12th April, 2016 whereby the costs to be paid by the Petitioner to the Respondent, Bharat Heavy Electricals Limited (‘BHEL’), were determined.

2. At the outset, it required to be noticed that the predecessor-in-interest of the Petitioner was M/s OJSC Power Machines and it was substituted by the Petitioner on 3rd February, 2017.

Relevant facts

3. The Uttar Pradesh Rajya Vidyut Utpadan Nigam Limited (‘UPRVUNL’) is the owner of the Obra Thermal Power Station. UPRVUNL approached BHEL to undertake modernization, refurbishment and upgrading of the units. BHEL in turn approached PM. OJSC Power Machines (‘PM’) entered into a 'principal to principal' contract with BHEL on 28 August, 2006 for the supply of imported portion for R & M and U of 5x200 MW units of the Obra Ther