JUDGMENT

Mini Pushkarna, J. (Oral)

1. The present appeal has been filed under Section 37 (1) (c) of the Arbitration and Conciliation Act, 1996 ("Arbitration Act") assailing the judgment dated 31st July, 2023 passed by the learned Single Judge in OMP (COMM) 185/2021. The present appeal challenges the impugned judgment to the extent that the learned Single Judge has held that the claims raised on behalf of respondent are within limitation and has further upheld the findings of the Arbitral Tribunal in respect of claim no. 2 pertaining to extension of concession period due to transport strike from 13th April, 2003 to 24th April, 2003 and heavy rain in October, 2003.

2. The appellant/ National Highways Authority of India ("NHAI") issued letter of Award dated 2nd May, 2001 to the consortium of the respondent requiring it to execute Concession Agreement for designing, engineering, financing, procurement, construction, operation and maintenance on BOT basis ("Build, Operate & Transfer") for widening and rehabilitation of existing two lane to four lane divided carriageway on the Nelamangala - Tumkur Section of NH-4 in the state of Karnataka.

3. The consortium incorporated respondent for enteri