JUDGMENT

Satish Chandra Sharma, C.J.

1. The Petitioner before this Court i.e., GMR Hyderabad Vijayawada Expressways Private Limited is a Special Purpose Vehicle (the "SPV") born out of a consortium between GMR Infrastructure Limited (the"GMR") and Punj Lloyd Limited (the"PLL") (hereinafter GMR and PLL shall collectively be referred to as the "Consortium"). The Petitioner participated in an open competitive bidding process for constructing and widening of existing road from KM.40.000 to KM.221.500 (a length of approximately 181 KMs) of Hyderabad-Vijayawada Section of National Highway ("NH") No.09 (the "Existing Road") in the State of Andhra Pradesh by four-laning the Existing Road and subsequently six-laning the Existing Road on a design, build, finance, operate and transfer basis (the "Project"). The Consortium promoted and incorporated the Petitioner. The Petitioner was awarded the Project, and in furtherance of the Project, the Petitioner executed a Concession Agreement dated 09.10.2009 with the Respondent (the "Concessions Agreement").

2. The facts further reveal that the Petitioner has been granted an exclusive right, license and authority to design, engineer, construct, deve