LAWS(BOM)-2024-3-210

CARDINAL ENERGY AND INFRA STRUCTURE PRIVATE LIMITED Vs. SUBRAMANYA CONSTRUCTION AND DEVELOPMENT COMPANY LIMITED

Decided On March 27, 2024
Cardinal Energy And Infra Structure Private Limited Appellant
V/S
Subramanya Construction And Development Company Limited Respondents

JUDGEMENT

(1.) The Petitioners have filed the present Commercial Arbitration Petition under Sec. 34 of the Arbitration and Conciliation Act, 1996 ("the said Act"). The Petitioners have challenged the validity and correctness of the Interim Award dtd. 2/1/2024 passed by the learned Sole Arbitrator allowing an application of Respondent Nos.1 and 2 to implead the Petitioners as party Respondents to the Arbitration proceedings despite not being signatories to the Arbitration Agreement.

(2.) It would be pertinent to describe the Petitioners as the proposed Respondents joined by the impugned Award. The Respondent Nos.1 and 2 are the Claimants in the arbitral proceedings and Respondent No.3 is the original Respondent in the arbitral proceedings.

(3.) A brief background of facts is necessary and which is as under:-