SANJIV KHANNA, J.

1. National Highways Authority of India (‘NHAI’ for short) has filed these intra Court appeals impugning the common order dated 31st July, 2017 passed in OMP(I) (Comm.) No.221/2017 ‘M/s. Jetpur Somnath Tollways Limited Vs. National Highways Authority of India & Anr’ and in OMP(I) (Comm.) No.227/2017 ‘Punjab National Bank Vs. National Highways Authority of India & Anr’.

2. The impugned order allows the aforestated OMPs filed by M/s. Jetpur Somnath Tollways Limited (‘JSTL’/ JETPUR for short) and the Punjab National Bank (‘PNB’ for short) under section 9 of the Arbitration & Conciliation Act 1996 (‘A&C Act’ for short) with the following directions:

“106. In view of the above,

(i) JETPUR is directed to furnish an unconditional and irrevocable Bank Guarantee, in favour of NHAI undertaking to pay to NHAI an amount not exceeding Rs. 348.604 Crores [i.e. 90% of 640.86 = 576.774 (minus) 222.03 {already paid} (minus) 6.14 {agreed to be payable by NHAI} = 348.604]; and

(ii) on deposit of the Bank Guarantee, NHAI shall forthwith deposit in the Escrow Account the su