1. The State of Gujarat has filed this petition under Section 34 of the Arbitration and Conciliation Act, 1996 (‘Act’) against Ashvika Construction Private Limited (Respondent No. 1) and the Government of India, Ministry of Road Transport and Highways (impleaded as proforma Respondent No.2) challenging an Award dated 10th December, 2010 passed by the sole Arbitrator in the disputes between the Petitioner and Respondent No. 1 arising out of a tripartite Build, Operate and Transfer (‘BOT’) Agreement dated 19th September, 1996 between the Government of India on the one part, the Petitioner on the second part and Respondent No. 1 on the third part for the construction of a four-lane Road Over Bridge (‘ROB’) and its approaches from KM 259/4 to KM 263/4 in the Ahmedabad-Mumbai section of NH-8 on BOT basis in place of the then existing two-lane Railway level crossing No. 13-A, between KM 261/2 to 261/4 of the said section of the National Highway.

The BOT Agreement

2. In terms of the BOT scheme, the selected Entrepreneur was required to design and construct the four-lane ROB and its approaches and also maintain it for an agreed period known as the 'Concession Period' at its own cos