JUDGMENT

Suresh Kumar Kait, J.

1. In the present petition filed under the provisions of Section 34 of the Arbitration and Conciliation Act, 1996, petitioner has challenged the interim arbitral award dated 14.10.2021 passed by the learned Arbitral Tribunal in favour of the respondent on the ground that it interprets certain contractual terms, which are subject to evidence which is yet to be led, and without finally concluding the rights of the parties.

2. According to petitioner-NHAI, a Concession Agreement dated 25.07.2011 was entered into with respondent for augment of the National Highway from 6.400 km to 108.700 km by six laning the same as well as for improving the Ahmedabad Vadodra Expressway from 0.00 km to 93.302 km. in the state of Gujrat. According to petitioner, in terms of the aforesaid Concession Agreement, respondent had acquired exclusive right, license and authority to operate and maintain the project for 25 years from the appointed date i.e. 01.01.2013 and also to demand and collect the appropriate toll from the vehicles plying on the said Highways. Further, in terms of Clause 26.2.1 thereof, the respondent-concessionaire was required to pay fixed premium to petiti