1. The petitioner (hereafter "NHAI") has filed the present petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereafter "the Act") inter-alia, impugning an Arbitral Award dated 29.06.2017 (hereafter "the impugned award"). The impugned award was rendered in the context of disputes that had arisen in respect of an agreement dated 20.10.2005 (hereafter "the Agreement") entered into between the concerned parties for the works pertaining to “Four Lanning from Km 402.00 to Km 440.00 of Gopalganj- Muzaffarpur Section of NH-28 in Bihar, Contract Package No. LMNHP-EW-II-(WB)-10.”

2. The controversy involved in the present petition relates to the award of Rs. 2,79,36,333/- which was awarded to the petitioner in respect of the amount of 1% cess deducted by the NHAI on account of contributions made under the Building and Other Construction Workers Welfare Cess Act, 1996 (hereafter "the Cess Act"). The Arbitral Tribunal accepted the respondents claim that the said legislation was not operative at the time of submission of the tender and, therefore, ought to be