JUDGMENT :

(Manoj Kumar Gupta, J.)

1. The instant appeal has been filed under Section 13 of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act , 2015 read with Section 37 of the Arbitration and Conciliation Act, 1996 (for the sake of brevity hereinafter referred to as 'the Act') challenging the order of the Commercial Court, Gautam Budh Nagar dated 23.5.2022 in Arbitration Case No. 13 of 2015, setting aside the Arbitral Award dated 15.12.2014, by the Sole Arbitrator, in a dispute between the parties.

BACKGROUND

2. In the year 2002, the New Okhla Industrial Development Authority (NOIDA), the respondent herein, entered into negotiation with U.P. State Bridge Corporation Limited for construction of two flyovers with clover leaves and allied work at M.P. Road No.3 Express Highway near Amity School and at T-junction near Film City, Gautam Budh Nagar. It submitted a proposal of Rs.106.10 crores for execution of the Project on turnkey basis, including centage charges but which was not accepted.

3. The appellant herein, i.e. Hindustan Steel Works