1. This Original Petition is filed under Section 34 of the Arbitration and Conciliation Act, 1996 (for brevity, “the Act”) to set aside the award dated 11.3.2009 passed by respondents 2 to 4 (Arbitrators).

2. 1. The brief facts of the case are as under: The Government of India proposed to establish a Port for transportation of coal to the North Chennai Thermal Power Plant. The fifth respondent herein, namely, Chennai Port Trust, which was appointed by the Government of India as the Executing Agency for construction of Ennore Port, entered into Consultancy Agreement with the first respondent on 17.8.1994 and the agreement period is 54 months, namely, up to May, 1999.

2.2. The first respondent did not complete the project within the agreed time. Even prior to the expiry of the agreement period, the first respondent sought for extension of the agreement. Notes on Discussion (NOD) was entered on 09.7.1999. The Chennai Port Trust, after obtaining approval of the Government of India for the terms of NOD, forwarded Addendum 1 to the first respondent. But, the first respondent did not accept the same and initiated recovery proceedings against the Chennai Port Trust, for the alle