VIBHU BAKHRU, J.

Introduction

1. The petitioner has filed the present petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereafter “the Act”) impugning the arbitral award dated 17.11.2017 (hereafter “the impugned award”) passed by the Arbitral Tribunal in the context of the disputes relating to the “Contract Agreement” dated 22.01.2013 (hereafter “the Agreement”). The controversy involved in the present petition relates to the petitioner’s claim for reimbursement of Countervailing Duty (CVD) and Special Additional Duty (SAD)imposed on the Tunnel Boring Machines (TBMs) imported by the petitioner. By the impugned award, the Arbitral Tribunal had rejected the petitioner’s claim for reimbursement of CVD and SAD on the TBMs imported by the petitioner. The Arbitral Tribunal found the petitioner’s contention that there was no restrictive covenant proscribing the petitioner from raising such claim as “not maintainable”. The Arbitral Tribunal held that in terms of Clause 11.1.1(ii) of the General Conditions of Contract (GCC) nothing extra was payable to the petitioner over and above the quoted rates. In addition, the Arbitral Tribunal has also found that the pr