UNION OF INDIA & ORS Vs. GARG ASSOCIATES

JUDGEMENT

(1.) The present petition has been filed by the petitioner challenging the order dated 17th April, 2015 and the Arbitral Award dated 19th May, 2015 passed by the Sole Arbitrator awarding certain claims in favour of the respondent.

(2.) At the outset, it is noted that the order dated 17th April, 2015 was merely an order passed in the course of the arbitration proceedings and is not an Arbitral Award in terms of Section 31 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'Act'). However, the said order, as would be evident from the discussion below, is intrinsically linked with the Impugned Arbitral Award dated 19th May, 2015 as the award, to a large extent is based on this order and so is equally the challenge thereto by the petitioner.

(3.) The brief factual background leading up to the Impugned Arbitral Award is noted as under:-