JUDGMENT

Prateek Jalan, J. (Oral)--The present petition under Section 34 of the Arbitration and Conciliation Act, 1996, [hereinafter, "the Act"] is directed against an arbitral award dated 08.06.2018 by which a three member tribunal adjudicated disputes arising out of a contract dated 20.02.2007 for work of "Rehabilitation and upgrading of existing 2-lane road to 4 lane divided carriageway configuration from km 293.400 to km 336.000 Hyderabad-Bangalore section of NH-7 in the State of Andhra Pradesh on North-South Corridor, Contract Package No./ADB-II/C12" [hereinafter, "the Contract"].

2. The challenge of the petitioner -National Highways Authority of India [hereinafter, "NHAI"] is restricted to two claims which were awarded by the Tribunal against it:

a. Claim No.1: Payment of 150 mm thick embankment quantity under Bill of Quantities [hereinafter, "BOQ"] item No. 2.04.

b. Claim No. 3: Non-payment of BOQ item No. 5.15 for providing and laying M-15 grade concrete in pipe bedding.

3. Ms. Nivedita Nair, learned counsel for the NHAI, submits that the award on both these claims is contrary to the terms of the Contract, as the activities for which the award has been made were already