JUDGMENT

Prateek Jalan, J.

1. The present appeal under Section 37(2)(b) of the Arbitration and Conciliation Act, 1996 [hereinafter, "the Act"] is directed against an order dated 23.10.2022 by which a three-member Arbitral Tribunal [hereinafter, "the Tribunal"] has rejected an application of the appellant for interim measures under Section 17 of the Act.

I. Factual Background:

2. The Tribunal is in seisin of disputes between the parties under a Concession Agreement dated 21.01.2011 [hereinafter, "CA"] with regard to "Four Laning of Panvel-Indapur Section of NH-17 from KM 0.000 to KM 84.000 in the State of Maharashtra", on Build Operate Transfer [hereinafter, "BOT"] basis.¹ The original period for completion of the work was 910 days, the scheduled date of completion being 16.06.2014. The CA envisaged a concession period of 21 years from 19.12.2011 and payment of an addi