Serial No.01 HIGH COURT OF MEGHALAYA Supplementary List AT SHILLONG FA No.3/2025 with MC (FA) No.4/2025 MC (FA) No.7/2025 MC (FA) No.10/2025 Cont.Cas(C)No.12/2025 Date of CAV: 04.12.2025 Date of Pronouncement: 09.12.2025 Suraksha Salvia LLP, a limited liability partnership, incorporated under the Limited Liability Partnership Act, 2008, having its registration No.LLPIN-AAQ-0697 and its registered office at Premises No:02/0327, Plot No.DG/12/1 Action Area ID, Barasat Sadar, Newtown, North 24 Parganas, Kolkata, West Bengal, India, 700156 and local branch at Pasteur Hills, Shillong-793001, East Khasi Hills District, Meghalaya.

..... Appellant Vs.

The State of Meghalaya represented by the Secretary, Department of Health and Family Welfare, having its head office at Meghalaya Secretariat, Shillong-793001, East Khasi Hills District, Meghalaya.

.... Respondent State of Meghalaya through Secretary, Department of Health and Family Welfare, having its office at Meghalaya Secretariat, Shillong- 793001, East Khasi Hills District, Meghalaya. ..... Applicant Vs.

Suraksha Salvia LLP, having its office at Premises No:02/0327, Plot No.DG/12/1 Action Area ID, Barasat Sadar, Newtown, North 24 Parganas, Kolkata, West Bengal, India, 700156. .... Respondent Suraksha Salvia LLP Vs. Shri Ram Kumar, IAS Coram:

Hon’ble Mr. Justice Soumen Sen, Chief Justice Hon’ble Mr. Justice H.S. Thangkhiew, Judge Appearance in FA No.3/2005 with MC (FA) No.4/2025, MC (FA) No.7/2025 and Cont.Cas(C)No.12/2025:

For the Appellant : Mr. J. Saha, Sr.Adv with Mr. R. Auddy, Adv Mr. M.U. Ahmed, Adv For the Respondent : Mr. A. Kumar, Advocate General with Mr. A.S. Dey, GA Ms. D. Mukherjee, GA Appearance in MC (FA) No.10/2025:

For the Appellant : Mr. A. Kumar, Advocate General with Mr. A.S. Dey, GA Ms. D. Mukherjee, GA For the Respondent : Mr. J. Saha, Sr.Adv with Mr. R. Auddy, Adv Mr. M.U. Ahmed, Adv i) Whether approved for Yes/No reporting in Law journals etc.:

ii) Whether approved for publication Yes/No in press:

JUDGMENT: (per the Hon’ble, the Chief Justice)

This appeal arises out of a judgment dated 21.03.2025 passed by the learned Judge, Commercial Court, Shillong, in an application filed under Section 9 of the Arbitration and Conciliation Act, 1996.

2. The learned judge dismissed the application, inter alia, on the ground that the appellant/petitioner is not a party to the Memorandum of Understanding (MOU).

3. The limited issue on which this appeal is required to be heard is whether the appellant/petitioner is entitled or could maintain an application under Section 9 of the Arbitration and Conciliation Act, 1996 (for short ‘the Act of 1996’).

4. A brief factual background necessary for the purpose of deciding the said issue is mentioned hereinafter.

5. The Department of Health and Family Welfare (DH&WF), Government of Meghalaya, intended to build a state-of-the-art Diagnostic Centre at Shillong and facilitate improvement of health facilities for the people of Meghalaya, and for the aforesaid purpose, it was in search to have a partner with credentials and experience in the field. In the process of finding out a collaborator for the aforesaid purpose, the DH&FW identified Suraksha Speciality LLP and Salvia Global LLP (hereinafter referred to as the “private partner”) having considered to have experience and reputation in the field of establishing and operating the diagnostic centre. On negotiation, an MOU was entered into on 21.06.2019 between Suraksha Salvia Global LLP and the Department of Health and Family Welfare (DH&WF), Government of Meghalaya. The MOU contemplates a public private partnership (PPP) for the construction, establishment and functioning of the diagnostic centre in the State of Meghalaya. The MOU has described the parties in the memorandum as follows:

“With reference to the above, the Government of Meghalaya, through Department of Health and Family Welfare (hereinafter referred as DH&FW) has agreed to sign and execute a Memorandum of Understanding (MOU) with Suraksha