JUDGMENT

AMIT BANSAL, J.

1. The present petition has been filed under Section 34 of the Arbitration and Conciliation Act, 1996 (‘Act’) seeking setting aside of the Award dated 31st July, 2019 passed by the Arbitral Tribunal (‘Award’).

2. The petitioner (respondent in the arbitration proceedings) shall hereinafter be referred to as ‘Madhya Bharat’ or ‘the Employer’ and the respondent (claimant in the arbitration proceedings) shall hereinafter be referred to as ‘Voith Hydro’ or ‘the Contractor’.

FACTUAL BACKGROUND

3. Brief facts relevant for the adjudication of present dispute are as follows.

4. Madhya Bharat entered into a Memorandum of Understanding with the Government of Sikkim by which Rongnichu Hydro Project (‘RHEP’) in Sikkim was allotted to Madhya Bharat.

5. Madhya Bharat had split RHEP into five different packages, one of which was for Electro Mechanical Works (‘E&M’). Tender was floated by Madhya Bharat for E&M in respect of which Voith Hydro submitted its bid. A Letter of Intent was issued to Voith Hydro on 21st June, 2011. Thereafter, Voith Hydro was awarded the Contract for Electro Mechanical works for the 96 MGW Rongnichu Hydro Project in the State of Sikkim.

6. On 28th