JUDGMENT

Chandra Dhari Singh, J.

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

"a) Set aside the Impugned Award dated 04.12.2021 passed by the Ld. Arbitral Tribunal presided by the Sole Arbitrator Sh. B. P. Bagish.

b) Allow cost of the proceedings in favour of the Petitioner and;

c) Pass any or other order(s) as this Hon'ble Court deems fit and proper in the facts and circumstances of the present case in the interest of justice."

FACTUAL MATRIX

2. The Petitioner, the National Highways Authority of India (hereinafter referred to as "NHAI") is a statutory body responsible for constructing National Highways throughout the territory of India.

3. The Respondent is a Joint Venture between the M/s. Consulting Engineering Group Ltd., in association with Transport Research Laboratories Ltd., UK. and is engaged in providing consultancy services in the field of development, design, and maintenance.

4. The petitioner on 27th June 2013 issued a Letter of Acceptance (hereinafter referred to as "LOA") to the petitioner for Consultancy Service. The Contract was executed on 4th July 2013 and the Service was commenced on 18th July 2013 and was to be completed in 20 months.

5. In December 2016, the main stakeholder, the World Bank provided a loan through its subsidiary International Bank for Reconstruction and Development (hereinafter referred to as "IBRD") with regard to the said Consultancy Services and had also recommended in the Aide-memoire held in December 2016 for closure of part II of the Contract Agreement undertaken by the Organization and Transformation study, which was intimated by the respondent vide letter dated 27th July 2017.

6. The respondent completed the work on 3rd August 2017 exceeding the duration of completion to 48.5 months instead of 20 months.

7. A 3GM's Committee was constituted and the respondent also participated on 26th April 2018 and a meeting held on 17th May 2018 gave its view as under;

i. The payment for remuneration part was to be releases as per Milestone for payment mentioned in Contract Agreement whereas the Reimbursable was to be done as per actual on production of proof of consumption subject to ceiling amount of the item quoted in financial bid of the reimbursable part. All stages of reimbursable part have been paid some payment of reimbursable part has to be done.

ii. After detailed deliberations committee recommends that payment shall be made for reimbursable part which is under ceiling limit of contract agreement and are to be supported with original document and proof of payment either in form of check payment or Bank statement.

iii. Committee recommends release of payment to the consultant as per annexures subject to submission of undertaking by the consultant.

8. Another 3 CGM Committee was constituted and meetings were held in the presence of the respondent and decision was made on 17th May 2020 was communicated which read as under;

i. Contractually the raised claims by the Respondent/Claimant are not payable.

ii. The Consultant never raised any such Claims during the Contract period nor even convey their disagreement to closure of agreement.

iii. Never presented the Claims before the 3 GM Committee specifically formed to look into the Claims by the Respondent/Consultant.

iv. Time and again, Respondent/Consultant have confirmed no further financial implication on NHAI. After deliberations the committee express that "Concerned Division may consider payment of reimbursable claims as per the contract subject to production of supporting documents and accordingly had also asked the Claimant to submit the supporting documents so that the same may be examined".

9. The respondent invoked the Arbitration Clause of the Contract Agreement on 28th July 2020 and the learned Sole Arbitrator was appointed.

10. The Statement of Claim (hereinafter referred to as "SOC") by th