P.K. LOHRA, J.

1. This appeal has been preferred by the Government of Rajasthan, through the Chief Engineer, Public Works Department, represented by Superintending Engineer, Public Works Department, Circle Pali, under Section 37 (1) (B) of the Arbitration & Conciliation Act, 1996 (for short, 'Act'), against order dated 28th of February, 2018 of District Judge, Pali (for short, 'learned Court below'), whereby the learned Court below rejected the application filed by Government of Rajasthan under Section 34 of the Act and refused to set aside or modify arbitral award dated 31st of May, 2016 passed by Arbitral Tribunal.

2. Facts, in brief, are that an agreement came to be executed on 21st of November 1996 between appellant Government of Rajasthan through Chief Engineer and respondent TCI Infrastructure Finance Limited for construction of Pali Bye-pass Road on Build-Operate-Transfer (BOT) basis on NH14 to be completed by 04.12.1998. The amount incurred in construction of bye-pass was to be recovered from toll collection. The respondent Company agreed to construct the said work for Rs. 810 Lakhs and agreed to collect toll in concession period of 179 months with two year constructi