AVNEESH JHINGAN, J. (ORAL)

1. This petition under Section 34 of the Arbitration and Conciliation Act, 1996 (for short ‘the Act’) is filed against the arbitral award dated 06.07.2018.

2. The brief facts are that the petitioner/Engineering Projects India Limited (for short ‘EPIL’) on 15.11.2007 entered into a Memorandum of Understanding (for brevity ‘MOU’) with the Department of Agriculture, Government of Tripura (hereinafter ‘DOA’) to construct a college of agriculture building at Agartala. The Notice Inviting Tender (for short ‘NIT’) was issued by EPIL and the respondent was awarded the work vide Letter of Intent (LOI) dated 10.03.2008. Subsequently, an agreement dated 23.04.2008 was entered into between the parties to the lis.

2.1 Clause 76 of the General Conditions of Contract (for short ‘GCC’) provides for dispute resolution by arbitration. As per the said clause, disputes shall be referred to the sole arbitration of the Chairman and Managing Director of EPIL (for short ‘CMD’) or any person discharging the functions of the CMD and in case the CMD or such person is unable to act as the sole arbitrator then to a person appointed by the CMD. It is further stipulated that no objection