JUDGEMENT (ORAL)

HARISH VAIDYANATHAN SHANKAR, J.

1. The present Petition has been filed under Section 34 of the Arbitration and Conciliation Act, 1996¹Act, seeking to challenge the Arbitral Award dated 25.10.2023, as corrected on 13.11.2023²Impugned Award, rendered by the learned Arbitrator, Mr. Kamlesh Kumar (Former ADG, CPWD), in arbitral proceedings titled “M/s Tewatia Construction Private Limited and Union of India”.

2. By way of the Impugned Award, the Public Works Department [“PWD”] (Government of NCT of Delhi, Education West Division (N)³Petitioner, has been directed to pay to M/s Tewatia Construction Private Limited⁴Respondent, an amount of approximately Rs. 2.5 Crore along with interest.

3. Learned counsel appearing on behalf of the Petitioner, at the outset, raises a primary and foundational issue that strikes at the very root of the validity and subsistence of the arbitral proceedings and the resultant Award.

4. It is submitted by the learned counsel for the Petitioner that the appointment of the learned Arbitrator, who subsequently entered upon the reference and rendered the Impugned Award, was void ab initio, as it was effected through a unilateral appointment mechanis