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2. The brief facts, which are necessary for the adjudication of this case is that the petitioner NHAI issued a tender in July 2008 seeking bids from eligible bidders for "Design, Engineering, Procurement, Construction and Maintenance of four Laning of Cuddapah-Kurnool section of NH-18 from the existing KM 167+750 to KM 356+205" on BOT basis. A consortium comprising of KMC Constructions Pvt. Ltd. And IVRCL Infrastructure and Projects Ltd. (for short 'Consortium') with KMC Constructions Pvt. Ltd., as its lead member participated in the tender and after being selected as the successful bidder, was issued a Letter of Acceptance dated February 26, 2019 by the petitioner NHAI. A Special Purpose Vehicle i.e M/s Rayalseema Private Limited was incorporated and Concession Agreement was entered into for the project highway with the petitioner on February 11, 2010 for execution of the project. The concession was granted for thirty years including a construction period of 910 days commencing from the Appointed Date communicated as November 15, 2010 and ending on November 14, 2040 during which the Concessioner i.e the respondent herein was authorized to undertake construction and operation of the project highway in accordance with the provisions of Concession Agreement. The petitioner agreed to provide cash support by way of grant for `621.9 Crore which was to be paid to the respondent by way of Equity Support.

Rayalseema Expressway Pvt. Ltd., on 11.12.2015 regarding waiving off any claim on NHAI.

(h) The Hon'ble AT failed to consider that the Claimant (respondent) vide his letter no. 4673, dated.27.07.2017 issued a Dispute notice to the NHAI on Change of Scope for ROB at Km.290+783 (Yerraguntla line) on Nandyal Bypass under Article 44 of Concession Agreement which is untenable and is in violation of the above Supplementary Agreement dt.11.12.2015 and other relevant clauses of the Concession Agreement dt.11.02.2010.