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44. It is therefore submitted that the Arbitral Tribunal has not considered the FTI Report filed by the petitioner/claimant on completely unsustainable grounds stating that the finding of the said FTI Report was not on scientific basis as no forensic audit was done. The Arbitral Tribunal having not found any flaw in the evidentiary value of the FTI Report erred gravely in not considering the same.
56. It is submitted that the Arbitral Tribunal also observes that the reason why Phase II of the investigation was given up was also not explained. The Arbitral Tribunal further goes on to observe that the petitioner herein did not go to the Police for the alleged falsification of accounts and over claim, and also did not order for a forensic audit for preparing an independent Report.