JUDGMENT :

Munishwar Nath Bhandari, J.

Prayer: APPEAL under Section 13(1) of the Commercial Courts Act read with Section 37(1)(c) of the Arbitration and Conciliation Act against the order dated 09.8.2021 made in O.P.No.306 of 2015.

1. This appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (for short, the Act) is directed against the order dated 09.8.2021 in O.P.No.306 of 2015 passed under Section 34 of the Act.

2. We have heard the learned Senior Counsel appearing on behalf of the appellant.

3. The facts on record show that a contract was entered into between the appellant and the respondent, for construction of service road and foot path on LHS and RHS in Rajiv Gandhi Salai (IT Corridor), Chennai, Tamil Nadu. The relevant dates, which include the date of commencement of work and the period for its completion, have been indicated in paragraph 3 of the impugned order. It appears that after commencement of the work, since the appellant failed to show progress as was required and committed several breaches, the respondent terminated the contract. At the instance of the appellant, the matter was referred to a Three Member Arbitral Tribunal (for brevity, the Arbitral Trib