JUDGMENT

[VIA VIDEO CONFERENCING]

Sanjeev Narula, J. (Oral)--The Petitioner viz. VIL Rohtak Jind Highway Pvt. Ltd. has filed the present petition under Section 34 of the Arbitration and Conciliation Act, 1996 [hereinafter, "the Act"] seeking the setting aside of the impugned Order dated 25th September, 2021 passed by the Arbitral Tribunal - to the extent it disallows the amendment sought by Petitioner in respect of the Claim (b) qua termination payment due under the contract.

2. At the outset, the Respondent viz. National Highways Authority of India [hereinafter, "NHAI"], raises a preliminary objection qua the maintainability of the present petition on the ground that the impugned Order is not an "award or interim award", and hence, does not fall within the ambit of Section 34 of the Act.

3. In light of the foregoing, it would be apposite to first decide the afore-noted objection, before dealing with the contentions advanced by the parties on merits of the proposed amendment, so declined.

THE FACTS

4. The factual matrix, giving rise the present petition, is as follows:

4.1. In February, 2011, NHAI invited tenders for the `Four Laning of Rohtak-Jind Section from KM 307.000 to