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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
AJAY MOHAN GOEL
Indian Institute of Technology, Mandi (Kamand), H.P. – Appellant
Versus
Central Public Works Department – Respondent
| Table of Content |
|---|
| 1. separate mou and contractor agreement for iit project. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. arbitrator rejects non-signatory iit impleadment. (Para 8 , 9 , 10) |
| 3. parties contest iit's locus in arbitration. (Para 11 , 12 , 13) |
| 4. non-signatories bound by conduct under cox & kings. (Para 14 , 15 , 16 , 17 , 18 , 19) |
| 5. no iit participation in contractor-cpwd contract. (Para 20 , 21 , 22 , 23) |
| 6. petition dismissed for lack of impleadment grounds. (Para 24) |
JUDGMENT :
Ajay Mohan Goel, J.
By way of this petition, the petitioner has challenged order dated 18.04.2025, passed by learned Arbitrator, in terms whereof, an application filed by it for its impleadment as respondent in the arbitral proceedings, presently going on between M/s Supreme Infrastructure India Limited and Central Public Works Department, stands dismissed.
2. Brief facts necessary for the adjudication of the present petition are that a Memorandum of Understanding has been entered into between the petitioner and respondent/CPWD on 25.08.2011 (Annexure P-1), in terms whereof, respondent No.1, i.e. Central Public Works Department (hereinafter to be referred as “CPWD”) has agreed to undertake the execution of cons
Non-signatory cannot be impleaded in arbitration absent conduct showing consent via participation in contract's negotiation, performance or termination; substantial financial interest alone insuffici....
A non-signatory cannot be impleaded in arbitration proceedings absent explicit consent, highlighting the importance of party autonomy and contractual privity in arbitration agreements.
Impleadment of non-signatories in arbitration proceedings is impermissible unless a direct contractual relationship exists, underscoring the importance of party autonomy.
A non-signatory party could be subjected to arbitration provided these transactions were with group of companies and there was a clear intention of the parties to bind both, the signatory as well as ....
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