JUDGMENT :

VIBHU BAKHRU, J

1. The petitioner (hereafter ‘NHAI’) has filed the present petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereafter ‘the A&C Act’) impugning an Arbitral Award dated 24.09.2019 (hereafter ‘the impugned award’) rendered by an Arbitral Tribunal constituted by three members (hereafter ‘the Arbitral Tribunal’).

2. NHAI challenges the impugned award to the limited extent that it allows KMC’s claims for certain extra items (E-2, E-4, E-12, E-16, R2-05, CD-02 & 03) forming part of Claim No. 1 and to the extent that it allows KMC’s Claim Nos. 12, 14 and 22.

3. Briefly stated the facts that are necessary to address the controversy are stated hereunder. 3.1 NHAI, by a Letter of Acceptance (LoA) dated 22.08.2001, awarded a contract for the work of ‘Widening to four lanes and strengthening of the existing two lane carriageway between Km 278/000 to Km 340/000 of Udaipur-Ratanpur-Gandhinagar Section of NH-8 in Rajasthan, package no. UG-1’(hereafter ‘the Project’) to KMC. Subsequently, the parties entered into an agreement dated 05.10.2001 (hereafter