JUDGMENT

Navin Chawla, J. (Oral)

1. This petition has been filed under Section 9 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as `the Act') seeking stay on the operation of the Termination Notice dated 27.02.2023 issued by the respondent, terminating the Contract dated 12.04.2018 by which, the respondent had awarded to the petitioner the work of rehabilitation and upgradation to four laning of NH-31D from km 113.200 to km 154.854 (Package-II A) Ghoshpukur-Salsalabari Section in the State of West Bengal on Engineering, Procurement and Construction ("EPC") basis.

2. The petitioner further prays for restraining the respondent from encashing/invoking the Bank Guarantees given under the Contract and also floating any fresh tender to carry/execute the balance work awarded to the petitioner under the above mentioned Contract.

3. The learned senior counsel for the petitioner, placing reliance on Article 4.1.3 read with Article 8.1 and Annexure-II (Schedule-A) of the Contract, submits that the respondent was under an obligation to provide 60 meter Right of Way in 90% of the length along with existing Right of Way in the complete length of the Project by the `Appoin