- (1.) Instant 'Original Petition' ("?O.P"? in singular and "?O.Ps"? in plural for brevity) has been filed under section 34 of "?The Arbitration and Conciliation Act, 1996"? ("?A and C Act"? for brevity) assailing an Arbitral Award dated 09.02.2017 ("?impugned award"? for brevity) made by an Arbitral Tribunal ("?AT"? for brevity) being constituted by a sole arbitrator (a Technocrat), as part of institutional arbitration of 'Indian Council of Arbitration' ("?ICA"? for brevity) arising out of a contract dated 02.03.2009 captioned 'CONTRACT AGREEMENT FOR SUPERVISION CONSULTANCY SERVICES FOR THE CONTRACT TNRSP 05 CONSTRUCTION OF RAMANATHAPURAM BYPASS' (hereinafter "?said contract"? for convenience and clarity).
(2.) Said contract is between 'Sheladia Associates Inc, Secunderabad', which is the sole respondent before AT and the lone petitioner in instant O.P (hereinafter "?contractor"? for brevity, clarity and convenience) and 'Tamil Nadu Road Sector Project-II, Highways Department, Government of Tamil Nadu' (hereinafter "?RSP"? for brevity, clarity and convenience). To be noted, the short form / abbreviation 'RSP' stands for 'Road Sector Project'.
(3.) Said contract between contractor and RSP is for supervision / certain consultancy services which are in the nature of construction supervision services including monitoring the quality of road work, bridge work and approaches of 'Railway Over Bridge' (ROB) and other related works in Ramanadhapuram Bypass. To be noted, description of services which have to be provided by the contractor under said agreement have been elaborately set out in greater detail in Appendix-A to said contract and considering the nature of the controversy and the scope of instant O.P., it is not necessary to advert to technical specifications and particulars therein in greater detail. In other words, suffice to say that said contract between contractor and RSP is for the purpose of provision of certain construction supervision services by the contractor for the road work, bridge work, approaches of ROB, etc., in Ramanadhapuram bypass.;