R. Subbiah, J.

1. This Original Side Appeal (O.S.A) has been filed as against the order dated 09.04.2011 passed by the learned Single Judge in O.P.No.766 of 2008, dismissing the said O.P. filed by the appellant herein under Section 34 of the Arbitration and Conciliation Act, which was filed to set aside the award passed by the Arbitral Tribunal, dated 20.02.2008 and subsequent modified arbitration award, dated 18.04.2008.

2. Brief facts which are necessary to decide the issue in this appeal, are as follows:

(a) The Government of Tamil Nadu contemplated upgradation of roads to higher standards to improve quality and serviceability. Based on the request made by the Government, the World Bank had agreed to fund the Tamil Nadu Road Sector Project at a cost of Rs.2,160 Crores, and under this major component, a sub-component of enhanced periodical maintenance of Government roads in various Districts of the State had also been taken up for implementation. Under this sub-component, the tender for enhanced periodical maintenance of Government roads in Nagapattinam and Tiruvarur