Ms. Indira Banerjee, J.

1. This appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “the 1996 Act”) is against a judgment and order dated 20.4.2009 passed by the learned Single Judge dismissing a petition under Section 34 of the 1996 Act filed by the appellant for setting aside an award dated 3.11.2003 passed by an Arbitral Tribunal consisting of three Arbitrators, namely, Shri K.V. Kuppuswamy, Shri K. Natarajan and Shri B. Raghava, in relation to disputes that had arisen between the appellant and the first respondent with regard to a contract executed for the design, construction and commission of a 3.5 MLD Sewage Treatment Plant at the premises of the Madras Port Trust.

2. The first respondent is a company engaged in the execution of environmental engineering projects. The appellant, a major port under the Major Port Trusts Act, 1963, invited tenders for design, construction, testing and commissioning of a 3.5 MLD Sewage Treatment Plant at the premises of the Madras Port area on a turnkey basis. Pursuant to the aforesaid tender, the first respondent submitted its offer, which was duly accepted by the appellant and an agreement