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VIBHU BAKHRU
KMC Construction Ltd. – Appellant
Versus
National Highway Authority Of India – Respondent
JUDGMENT
Vibhu Bakhru, J. - The petitioner (hereafter KMC) 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). KMC also impugns an order dated 21.11.2019 (hereafter the revised order), whereby its application under Section 33 of the A&C Act was rejected.
2. KMC challenges the impugned award in respect of its Claims Nos. 3, 5, 13, 19 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 the Agreement). In terms of t
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