J U D G M E N T

1. These are cross petitions filed under section 34 of the Arbitration and Conciliation Act, 1996 (“the Act”) seeking to challenge the Arbitral Award dated 16.11.2021 (“impugned Award”)-majority view, passed by the learned Arbitral Tribunal (“AT”), in the matter of Arbitration between M/s Atlanta Infra Assets ltd. v. National Highway Authority of India.

2. Both the parties have preferred their respective petitions to challenge the impugned Award, to the extent they are aggrieved by it.

3. Atlanta Infra Assets Limited (“Atlanta”) was the Claimant in the Arbitral proceedings and National Highway Authority of India (“NHAI”) was the respondent therein.

4. Atlanta and NHAI, both have approached this Court against the impugned Award by way of filing O.M.P. (COMM) 152/2022 and O.M.P. (COMM) 243/2022 respectively.

FACTUAL BACKGROUND

5. NHAI, is a statutory body established under Section 3 of the National Highways Authority of India Act, 1988, and operating under the aegis of the Ministry of Road Transport & Highways, responsible for development, maintenance and management of national highways.

6. NHAI invited bids vide letter No. NHAI/BOT/NH-24035/42/2003 dated 09.06.2004 f