ORDER :

1. Aggrieved over the Majority Award of the Arbitral Tribunal, the present Application has been filed.

1.a. Parties are arrayed as per their own rankings before the Tribunal.

2. The Government of India decided to involve private partnership in the operation of Chennai Container which was fully operating under the Chennai Port Trust invited International Parties on 20.11.1997 to submit their tenders for the project. One consortium formed by Ms. Jakari Express Pvt. Ltd., Mumbai and M/s.Meherji Cassinath Limited, Mauritius and Chettinad Logistics Pvt. Ltd., were success bidders. Thereafter, a special purpose vehicle the Respondent was duly incorporated by the said Consortium. An agreement was entered between the Claimant and Respondent on 09.08.2001. As per the agreement Clause 3.12 the Claimant/Licensor shall provide access to the utilities such as power, water and telecommunication subject to availability. Clause 3.12(e) stipulates that the Licensee shall pay actual cost worked out from time to time. The Claimant from the date of inception used to bill the Respondent for consumption of electricity under the following heads:

(1) Consumption in units

(2) Demand Charges

(3) Container