COMMON JUDGMENT

The appellants herein were the proposed respondents in the above arbitration proceedings.

2. The present appeals are against the order of the learned Arbitrator allowing application (I.A.No.2 of 2020) filed by the respondents/ State Undertakings herein seeking to implead them in their counter claims in the arbitral proceedings. According to the appellants herein, they were not signatories to the arbitration agreement and hence cannot be impleaded in the first place. More so, the arbitral Tribunal has no power to implead them as parties in terms of the scheme of the Arbitration and Conciliation Act, 1996.

3. The appellants herein being non-signatory to the Arbitration agreement cannot be made parties, in the arbitral proceedings initiated at the instance of the claimant, the 2nd respondent herein as against the State Undertakings. In the course of the arbitral proceedings, on behalf of the State Transport Corporation, Interlocutory Application No.2 of 2020 was filed making a counter claim against the claimant/appellants herein for the first time. When objections were raised against the maintainability of such Application by the appellants herein, the learned arbitral T