JUDGMENT

Satish Chandra Sharma, C.J. The instant appeal, under Section 37 of the Arbitration and Conciliation Act (hereinafter referred to as "the Arbitration Act"), has been filed against Judgment dated 29.10.2021 ("Impugned Judgment") passed by the Learned Single Judge in O.M.P. (Comm.) No. 377/2020 filed by the Respondent under Section 34 of the Arbitration Act challenging the arbitral award dated 02.11.2019. The Ld. Single Judge vide the Impugned Judgment has set aside the arbitral award on the ground that the same is contrary to the express terms of the contract.

2. Shorn of details, the brief facts leading up to the filing of the present appeal are as under:

i. The Appellant herein i.e. the National Highways Authority of India (NHAI), on 03.05.2000 issued notice inviting proposals for shortlisting of bidders for a project described as "widening of existing 2-lanes to 6-lanes divided carriageway facility including rehabilitation of existing 2-lanes from Km 273.500 to Km 363.885: on Jaipur-Kishangarh section of NH-8 in Rajasthan on Build Operate and Transfer (BOT) basis" (hereinafter referred to as "the Project").

ii. The bid of the Respondent, which is a consortium of M/s GVK In