JUDGMENT

Chandra Dhari Singh, J.

1. The instant petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the Act") has been filed on behalf of petitioner seeking the following reliefs:

"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to set-aside award with respect to Claim No.1, 2, 5, 9 and 12.

Any other order or relief as this Hon'ble Court deems fit and proper may be passed in the facts and circumstances of the present case."

FACTUAL MATRIX

2. The petition is filed against the impugned Award dated 12th September 2018 passed by Justice R.C. Jain (Retd.), the learned Sole Arbitrator. The Arbitration proceeding in the current matter arose out of Concessionaire Agreement dated 20.07.2011 with respect to the re- development, operation, and maintenance of the 'Bawana Industrial Area' (hereinafter referred to as the 'Project Area') situated in Delhi.

3. The facts necessary for the disposal of this instant petition are that the petitioner is DSIIDC, a Government Company incorporated under the Companies Act, 1956. The petitioner circulated a tender inviting bid from interested parties on a Public Private Partnership modality. After rejecting multiple bids, Abhudaya Housing and Constructions Pvt. Ltd. and Jyoti Buildtech Pvt. Limited (hereinafter collectively referred to as the 'Selected Bidder') were awarded the Contract. The Respondent Company was established as a special-purpose vehicle for the furtherance of the same.

4. According to the Agreement, the respondent (Concessionaire) was required to re-develop, construct, operate and maintain the Project Area for fifteen years. The first two years of this period were earmarked for the construction of mandatory capital projects, whereas the remaining thirteen years were reserved for maintaining and operating the Project Area. The date set for the completion of Material Project Facilities was 15th December 2013.

5. On 14th December 2013, there was a request by the respondent for the completion certificate. However, the third party issued a provisional certificate to the respondent instead of the petitioner. The petitioner further did not issue it to the respondent claiming their incomplete work. It is alleged by the petitioner that the respondent tried to obtain the completion certificate from the third party without completing the consignment. They further alleged that it was a mischievous act on the part of the respondent to possess a provisional certificate that was not issued by the third-party engineer to the respondent.

6. On the contrary, the respondent vehemently denied the allegations of the petitioner, and claimed that the work was complete, and they had received the certificate legitimately form the third-party engineer.

7. The respondent raised claims for payment due to them, the onus of the payment of which was on the respondent, as alleged by the petitioner.

8. The dispute reached to this Court requesting the appointment of an Arbitrator. This Court appointed Justice R.C. Jain (Retd.) as the learned Sole Arbitrator to adjudicate upon the matter vide order dated 24th August 2016 passed in Arbitration Petition No. 420/2016 titled "Bawana Infra Development Pvt. Ltd. V/s DSIIDC".

9. The learned Arbitral Tribunal was pleased to make and publish the impugned Award on 12th September 2018. The petitioner being aggrieved of the impugned Award filed the instant petition.

SUBMISSIONS

(On behalf of the petitioner)

10. Learned counsel appearing on behalf of the petitioner, in support of the instant pet