JUDGMENT :

1. The petitioner has filed a supplementary affidavit, which is taken on record.

2. Heard Sri Pankaj Srivastava and Sri Santosh Srivastava, Advocates for the petitioner, Sri Suyash Gupta and Sri Arun Gaur, Advocates for the respondent no. 1 and Sri Indu Prakash Singh, learned counsel for the respondent no. 2, and perused the records.

3. By means of the instant petition filed under Article 227 of the Constitution of India the petitioner has challenged the validity of the order dated 23.05.2023 passed by the Commercial Court No. 2, Lucknow, in Arbitration Case No. 923 of 2019, whereby an application for impleadment of M/s Accord Hydroair Pvt. Ltd. as a respondent to the case, filed by the petitioner-applicant before the Commercial Court, has been rejected.

4. Briefly stated, facts of the case are that the petitioner had entered into a Tripartite-Agreement dated 28.04.2010 with the respondent no. 1 and respondent no. 2 to ensure scientific disposal of solid waste for a period of 30 years. It was a specific condition in the Agreement that the concessionaire shall not assign in favour of any person the Agreement or rights, benefits and obligations thereunder, save and except with