J U D G M E N T

A. BRIEF OVERVIEW

1. These two cross petitions under Section 34 of the Arbitration and Conciliation Act, 19961 have come to be preferred seeking the following reliefs: -

―O.M.P. (COMM) 95/2023 ―Set aside the Impugned Award dated 07.08.2022 as corrected vide order dated 15.11.2022 passed by the AT in the arbitration proceedings titled "Trichy Thanjavur Expressway Ltd. Vs. National Highways Authority of India " to the extent of the findings challenged above and the award of Claim No. 1 (b) and (g) and Claim No.8:‖

O.M.P. (COMM) 106/2023 a) Set aside and quash the portion of the Impugned Arbitral Award dated 07.08.2022 to the extent of the rejection of the valid and legal claims of the Petitioner/Claimant (whereby claims worth INR 30,27,33,01,844/- were rejected) and to allow the claims which were wrongfully rejected by the Ld. Arbitral Tribunal, and award the same in favour of the Petitioner/Claimant.

b) Alternatively, nominate and appoint an independent sole arbitrator to adjudicate the rejected part of the claims of the Petitioner/Claimant within a time bound manner.‖

1 the Act

2. As would be evident from the reliefs claimed in the two petitions, the appellants question ce