JUDGMENT

VIBHU BAKHRU, J

1. The parties have filed these petitions under Section 34 of the Arbitration and Conciliation Act, 1996 (hereafter the ‘A&C Act’) impugning an arbitral award dated 26.10.2019 (hereafter ‘the impugned award’) delivered by the Arbitral Tribunal constituted of three members, Mr R.K.Gupta, Mr R.K. Aggarwal and Mr Rakesh Mishra as the Presiding Arbitrator (hereafter ‘the Arbitral Tribunal’).

2. The impugned award was rendered in the context of disputes that have arisen between the parties in connection with a contract dated 28.09.2012 (hereafter ‘the Contract’).

Factual Matrix

3. The controversy in the present case arises in the following context:

3.1 Tenders were invited by Delhi Metro Rail Corporation Ltd (hereafter ‘DMRC’) for the contract for the ‘design and construction of Tunnel by Shield TBM, Tunnels, Stations and Ramps by cut and cover method between Lajpat Nagar and Hazrat Nizamuddin Stations (both including) for underground works on Mukundpur- Yamuna Vihar Corridor of Delhi MRTS Project of Phase III’ (hereafter ‘the Project’). The Project comprised of four stations namely Lajpat Nagar, Vinoba Puri, Ashram and Hazrat Nizamuddin connected with tunnels.

3.2 On 22.05.2012, M/s J. Kumar-CRTG JV (hereafter ‘CRTG’) participated in the bidding process pursuant to the aforesaid Notice Inviting Tenders and submitted a bid of ₹ 909.1917 crores plus USD 1,09,09,423.3. On 16.07.2012, DMRC issued a Letter of Acceptance (hereafter ‘LoA’), in favor of CRTG accepting its bid for the contract price.

3.3 Thereafter, the Contract for the Project was signed by the parties on 28.09.2012.

3.4 The work commenced on 23.07.2012, prior to the signing of the Contract and the stipulated time for completion of work was forty-two months. However, the Project could not be completed within the stipulated period (that is, prior to 22.01.2016) and the time to do so was extended till 31.01.2019. The work was finally completed on

31.12.2018.

3.5 The dispute between the parties relates to CRTG’s claim for payment of additional amounts as compensation for the increase in costs on account of encountering unforeseen physical conditions; compensation of loss due to flooding and leakage of 900mm and 1500mm DJB pipeline; payment for providing railing on parapet wall of ramp at Hazrat Nizamuddin station; cost incurred for environmental compensation charges (hereafter ‘ECC’); compensation for underutilization of resources at Ashram station; and refund of interest on advance.

3.6 The Arbitral Tribunal was constituted on 07.05.2018. And, by a letter dated 24.05.2018, DMRC informed the Arbitral Tribunal that the parties had mutually decided that all disputes under the Contract would be referred to the Arbitral Tribunal under Clause 17.9 of the General Conditions of Contract (hereafter ‘GCC’).

4. The impugned award was delivered on 26.10.2019. Thereafter, CRTG filed an application dated 25.11.2019 under Section 33 of the A&C Act seeking correction of certain errors in the impugned award. The said application was dismissed on 10.12.2019. The Arbitral Tribunal held that there were no typographical errors in the impugned award and CRTG’s application was in effect seeking review of the impugned award by re-appreciating the evidence on record and considering new evidence.

5. The claims made by CRTG before the Arbitral Tribunal are set out below: