JUDGMENT :

Vibhu Bakhru, J.

INTRODUCTION

1. The parties have filed the present petitions under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter ‘the A&C Act’) impugning an arbitral award dated 21.10.2019 (hereinafter ‘the impugned award’) delivered by an Arbitral Tribunal comprising of Justice (Retd.) G.N. Ray, Justice (Retd.) Usha Mehra, and Justice (Retd.) G.B. Patnaik as the Presiding Arbitrator (hereinafter ‘the Arbitral Tribunal’).

2. The impugned award was rendered in the context of disputes that have arisen between the parties in connection with a Power Purchase Agreement dated 08.01.2011(hereinafter ‘the Agreement’).

THE CONTROVERSY

3. The controversy in the present petition relates to the question whether there was any delay on the part of Newton Solar Power Private Limited (hereinafter ‘NSPPL’) in complying with its obligations under the Agreement and whether it was liable to pay liquidated damages for the said delay, if any. In addition, NTPC Vidyut Vyapar Nigam Limited (hereinafter ‘NVVNL’) had also claimed compensation for shortfall in supply of solar power, which was disputed by NSPPL.

4. The Arbitral Tribunal found that there was a delay of four days in