The interpretation of the contract is within the exclusive domain of the learned Arbitrator, and the court would not interfere with such interpretation.

JUDGMENT :

Navin Chawla, J.

This petition has been filed under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the ‘Act’), challenging the Arbitral Award dated 28.02.2022, along with the amended Award dated 13.04.2022, passed by the learned Sole Arbitrator.

BRIEF BACKGROUND:

2. The disputes between the parties arose out of the ‘Contract Agreement no. PMSSY-II/ALIGARH/2011-12/PACKAGE-I for the Construction of New Emergency and Trauma Centre, OPD and OBG Blocks at Jawahar Lal Nehru Medical College, Aligarh Muslim University, Aligarh (U.P.)’. The subject Contract was awarded by the petitioner to the respondent vide Notice of Award dated 17.10.2011, with a contract value of Rs. 67,97,60,335/-. The stipulated time for completion of the contract was set at 21 months with effect from 01.11.2011, with a completion date of 31.07.2013. Admittedly, the work was completed with a delay of 32 months on 31.03.2016. The final bill was remitted by the petitioner to the respondent on 09.10.2017.

3. On 08.09.2018, the respondent invoked the arbitration agreement between the parties whereupon, a petition was filed under Section 11 of the Act and the learned Sole Arbitrator was appointed by this Court on 30.05.2019.

4. The learned Sole Arbitrator by way of the Impugned Award, awarded the following reliefs to the respondent:—

“383. Accordingly, for the reasons set out hereinabove, the Tribunal, under the provisions of the Arbitration Act, allows the claims in favour of the Claimant and against the Respondent as per the following terms and quantifying the same:

Claim No./Claim Description Claim Amount Allowed

384. Resultantly, in view of the foregoing analysis and findings, the Tribunal hereby passes an award, under the provisions of the Arbitration Act, for a total sum of Rs. 14,42,02,782/- in favour of the Claimant and against the Respondent. The said amount is hereby recoverable in law by the Claimant from the Respondent by virtue of this Award.”

5. By way of a correction order dated 13.04.2022, the following amendment was made in the impugned award:—

“5. Accordingly, the claim description, as allowed, in the table to paragraph no. 383 at Column 9 is corrected thus:

“Claim No. 9 - A total simple interest of 7.5% on Rs. 9,83,56,905/- for 71 months””

SUBMISSIONS OF THE LEARNED COUNSEL FOR THE PETITIONER:

6. The l