State Of Punjab vs Wipro Limited And Others on 20 July, 2026

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    Punjab-Haryana High Court

    State Of Punjab vs Wipro Limited And Others on 20 July, 2026

                    CWP-13133-2026 (O&M)                                         [1]
    
    
    
    
                                   IN THE HIGH COURT OF PUNJAB AND HARYANA
                                                AT CHANDIGARH
    
                                                            CWP-13133-2026 (O&M)
                                                            Reserved on: 26.05.2026
                                                            Pronounced on: 20.07.2026
                                                            Uploaded on: 21.07.2026
    
    
    
                              State of Punjab                          .........Petitioner
    
                                      Versus
    
                              Wipro Limited and others                 ......Respondents

    CORAM : HON’BLE MR. JUSTICE VIKRAM AGGARWAL

    Argued by: Mr. Maninderjit Singh Bedi, Senior Advocate,
    Advocate General, Punjab with
    Mr. Sangam Garg, Advocate, &
    Ms. Kavita Joshi, Advocate, for the petitioner.

    SPONSORED

    Mr. Puneet Bali, Senior Advocate, with
    Ms. Pragya Chauhan, Advocate,
    Mr. Rohit Khanna, Advocate &
    Mr. Saurabh Gautam, Advocate,
    for respondent No.1.

    VIKRAM AGGARWAL, J

    The petitioner (State of Punjab) has instituted the

    instant writ petition under Article 226/227 of the Constitution of

    India seeking the issuance of a writ of Certiorari quashing the

    order dated 19.03.2026 (Annexure P.26) passed by the learned

    Sole Arbitrator, vide which the decision on the application

    preferred by the petitioner under Section 16 of the Arbitration

    DALBIR SINGH
    2026.07.21 14.20
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    integrity of this document
    CWP-13133-2026 (O&M) [2]

    and Conciliation Act, 1996 (for short `the 1996 Act’), has been

    deferred to the final stage i.e. the stage of passing of the Award.

    2. Shorn of unnecessary details, the facts as, emanating

    from the petition are that on 16.02.2011, a Master Services

    Agreement (for short `the MSA’) (Annexure P.1) was executed

    between respondent No.1 (Wipro Limited) and respondent No.2

    (Excise and Taxation Technical Services Agency). Respondent

    No.2 was desirous of getting the project of e-Governance in its

    department implemented. Thereafter, pursuant to it having

    been notified by way of the tendering process, the MSA was

    executed.

    2.1 Since as per respondent No.2, respondent No.1

    failed to complete the project within the stipulated contractual

    timeline, a termination notice dated 11.01.2017 (Annexure P.2)

    was issued to respondent No.1. This led to the filing of CWP-

    COM-4-2017 by respondent No.1. During the pendency of the

    same, the MSA was terminated pursuant to which, CWP-COM-

    11-2017 was instituted by respondent No.1.

    2.2 Vide order dated 24.01.2017 (Annexure P.4), both

    writ petitions were dismissed in view of the remedy of arbitration

    being available.

    2.3 Aggrieved by the aforesaid decisions, appeals were

    filed by respondent No.1, which were later withdrawn on

    12.09.2018.

    2.4 Subsequently, a petition under Section 9 of the 1996

    Act was also instituted by respondent No.1, which was

    dismissed, leading to the filing of FAO-3978-2018 in this Court.

    DALBIR SINGH
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    integrity of this document

    CWP-13133-2026 (O&M) [3]

    It is the case of the petitioner that in all these cases, the

    petitioner was not impleaded as a party.

    2.5 Eventually, upon an application under Section 11 of

    the 1996 Act having been filed, Hon’ble Mr. Justice V.N. Khare,

    former Chief Justice of India, was appointed as a Sole Arbitrator

    vide order dated 08.02.2019 (Annexure P.9). Pursuant to the

    same, respondent No.1 filed its Statement of Claim in which,

    apart from respondent No.2, the present petitioner was also

    impleaded as a party.

    2.6 As a result, the petitioner instituted an application

    under Section 16 of the 1996 Act (Annexure P.10) seeking

    deletion of its name on the ground that no contractual

    relationship existed between the petitioner and respondent No.1

    and the same existed only between respondent No.1 and

    respondent No.2.

    2.7 The said application was opposed by way of a reply

    (Annexure P.11) followed by a rejoinder (Annexure P.12).

    2.8 An application under Section 24 of the 1996 Act

    (Annexure P.14) was also instituted by respondent No.1, seeking

    permission to lead oral evidence and requesting that the deletion

    application be deferred to the final stage of the proceedings.

    Reply to the application was filed by the petitioner.

    2.9 Vide order dated 09.01.2021 (Annexure P.16),

    learned Arbitral Tribunal, allowed the application for deletion

    and rejected the application under Section 24 of the 1996 Act.

    An appeal was preferred against the said order, which was

    dismissed by the Court of Additional District Judge, Patiala on

    17.02.2022 (Annexure P.17). Aggrieved by the same, respondent
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    CWP-13133-2026 (O&M) [4]

    No.1 filed SLP(C) 11386-2022. The said application was disposed

    of vide order dated 11.12.2024 (Annexure P.18) with the consent

    of learned counsel for the parties and the matter was remitted to

    the learned Arbitral Tribunal, for reconsideration of the deletion

    application. The application under Section 24 of the 1996 Act

    was also revived and it was ordered that the said application

    would also be decided by the learned Tribunal.

    3. Pursuant thereto, the matter was considered by the

    learned Arbitral Tribunal and vide order dated 19.03.2026

    (Annexure P.26), the learned Arbitral Tribunal deferred the

    decision on the application under Section 16 of the 1996 Act to

    the final stage and called upon the petitioner to file its statement

    of defence, whereafter evidence would be led.

    4. Aggrieved by the aforesaid decision, the instant writ

    petition has been instituted.

    5. Learned Advocate General, Punjab and Shri Puneet

    Bali, learned Senior counsel representing respondent No.1-

    caveator, were heard.

    5.1 It was strenuously urged by learned Advocate

    General, Punjab that the learned Arbitral Tribunal has gravely

    erred in deferring the decision on the application to the final

    stage. Referring to the order dated 11.12.2024 passed by the

    Apex Court, he submitted that the direction of the Apex Court

    was to decide the application and not to defer the same till the

    final stage. Learned Advocate General, Punjab, also referred to

    Article 229 of the Constitution of India and submitted that in

    any case, the State of Punjab could not have been impleaded as

    a party.

    DALBIR SINGH

    2026.07.21 14.20
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    integrity of this document

                     CWP-13133-2026 (O&M)                                             [5]
    
    
                    5.2            Learned Advocate General, Punjab, also referred to
    
    

    the chronology of events, starting from the execution of the MSA

    and submitted that the State of Punjab had no role to play and,

    therefore, the learned Arbitral Tribunal erred in not considering

    that there was no occasion for the petitioner to participate in the

    entire arbitral proceedings and that a decision on the application

    under Section 16 of the Act, should have been taken.

    5.3 In support of his contentions, learned Advocate

    General placed reliance upon the judgments of the Apex Court in

    Bihar Eastern Gangetic Fishermen Co-operative Society

    Limited Vs. Sipahi Singh and others, (1977)4 SCC 145; State

    of Punjab and others Vs. M/s Om Parkash Baldev Krishan,

    1988 (Supp) SCC 722; Bhikraj Jaipuria Vs. Union of India,

    AIR 1962 SC 113; Mulamchand Vs. State of Madhya Pradesh,

    (1968)3 SCR 214; K.P. Chowdhry Vs. State of Madhya

    Pradesh, (1996)3 SCR 919; State of Punjab and others Vs.

    Dhanjit Singh Sadhu, (2014) 15 SCC 144; Bhaven

    Construction through Authorised Signatory Premjibhai K.

    Shah Vs. Executive Engineer, Sardar Sarovar Narmada

    Nigam Limited and another, (2022)1 SCC 75; Punjab State

    Power Corporation Limited Vs. Emta Coal Limited and

    another, (2020)17 SCC 93 and Deep Industries Limited Vs.

    Oil and Natural Gas Corporation Limited and another,

    (2020)15 SCC 706 and the judgments of the Bombay High

    Court in Sudhir Joshi Vs. Rajesh Khandelwal and others,

    MANU/MH/8738/2025 and Shri Guru Gobind Singhji

    Institute of Engineering and Technology Vs. M/s Kay Vee

    Enterprises, 2024:BHC-AUG:28934 and Delhi High Court in
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    CWP-13133-2026 (O&M) [6]

    Surender Kumar Singhal & others Vs. Arun Kumar Bhalotia

    & Others, 2021 SCC OnLine Del 3708.

    6. Shri Puneet Bali, learned Senior counsel representing

    respondent No.1 submitted that there is no illegality in the

    impugned order. It was submitted that the State of Punjab

    cannot contend that it is in no way concerned with respondent

    No.1. Reference was made to the MSA, wherein it has been

    recorded that respondent No.2 is a Government of Punjab

    Undertaking. He further submitted that the learned Arbitral

    Tribunal has not rejected the application and has only deferred

    its decision to the final stage to ascertain the issue as extensive

    evidence would have to be led. It was submitted that the

    decision of the learned Arbitral Tribunal is in accordance with

    the law laid down by the Apex Court in Cox and Kings Ltd. Vs.

    SAP India Pvt. Ltd. and another, (2025)1 SCC 611.

    6.1 Learned Senior counsel also referred to various other

    clauses of the MSA and submitted that the State of Punjab

    would be a necessary party.

    6.2 Learned Senior counsel also submitted that the order

    passed by the Arbitral Tribunal could not be challenged under

    Article 226 or 227 of the Constitution of India in view of the

    provisions of Section 5 of the 1996 Act and the law on the

    subject.

    6.3 In support of his contentions, learned Senior counsel

    placed reliance upon the judgments of the Apex Court in Deep

    Industries Limited Vs. Oil and Natural Gas Corporation

    Limited, (2020) 15 SCC 706; Punjab State Power Corporation

    Limited Vs. EMTA Coal Limited, (2020)17 SCC 93; Bhaven
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    CWP-13133-2026 (O&M) [7]

    Construction through Authorised Signatory Premjibhai K.

    Shah Vs. Executive Engineer, Sardar Sarovar Narmada

    Nigam Limited, (2022)1 SCC 75; Serosoft Solutions Pvt. Ltd.

    Vs. Dexter Capital Advisors Pvt. Ltd., 2025 SCC OnLine SC

    22; Cox and Kings Ltd. Vs. SAP India Pvt. Ltd. and another,

    (2025)1 SCC 611; ASF Buildtech Pvt. Ltd. Vs. Shapoorji

    Pallonji & Co. Pvt. Ltd., (2025)9 SCC 76; Maharshi Dayanand

    University and others Vs. Anand Cooperative Society Ltd.,

    (2007)5 SCC 295 and Cox and Kings Limited Vs. SAP India

    Private Limited and another, (2024)4 SCC 1 and the

    judgments of Delhi High Court in Steel Authority of India Ltd.

    and others Vs. Indian Council of Arbitration and others,

    MANU/DE/4181/2013; Meera Goyal Vs. Priti Saraf,

    MANU/DE/0607/2020 and Shri Pankaj Arora Vs. AVV

    Hospitality LLP & others, (OMP(T) (COMM.)32/2020 decided

    on 20.07.2020) and the judgment of the High Court of Orissa at

    Cuttack in Mahanadi Coalfields Limited and another Vs. Shri

    Ram Construction, Phularitand, Kharkharee, Dhanbad,

    Jharkhand (ARBA No. 1 of 2006 decided on 02.02.2023).

    7. I have considered the submissions made by learned

    Advocate General, Punjab and learned Senior counsel for

    respondent No.1.

    8. When the matter reached the Apex Court, it was

    disposed of with the consent of both parties vide order dated

    11.12.2024 (Annexure P.18);

    “Leave granted.

    2. The appellant/claimant and the first respondent is
    engaged in arbitration proceedings. The genesis of the
    controversy in this case arises from an application filed by
    DALBIR SINGH the State of Punjab seeking its deletion from the array of
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    CWP-13133-2026 (O&M) [8]

    parties as respondent No.2 in the Statement of Claim filed
    by the appellant/claimant. By the said application, the
    State of Punjab prayed that its name be struck of by the
    Arbitral Tribunal as it is not a party to the Arbitration
    Agreement or even otherwise in anyway concerned with
    the arbitration. 3. By the order of the learned sole
    Arbitrator dated 09.01.2021, the application filed by the
    State of Punjab was allowed and deletion of its name from
    the array of parties in the Statement of Claim was
    permitted. Consequently, the name of State of Punjab
    arrayed as respondent No.2 in the Claim Petition was
    struck off from the array of parties. As a result, another
    application filed by the claimant under Section 24 of the
    Arbitration and Conciliation Act was disposed of as being
    otiose. The said order was assailed by the appellant herein
    before the Court of District Judge, Patiala in Arbitration
    Case No.41/2021 under Section 37(2)(a) of the Arbitration
    and Conciliation Act, 1996. The said appeal was considered
    by the learned District Judge, Patiala and by judgment
    dated 17.02.2022, the appeal was dismissed, sustaining
    the order of the learned Arbitrator dated 09.01.2021. Being
    aggrieved by the aforesaid two orders, this appeal has been
    preferred before this Court.

    4. We have heard learned senior counsel, Mr. Parag P.
    Tripathi for the appellant and learned AAG/Sr. Advocate,
    Mr. Shadan Farasat for second respondent-State and
    learned counsel, Mr. Pradyuman Sewar for respondent No.1
    and perused the material on record.

    5. During the course of submissions, it was brought to
    our notice that the earlier decision of judgment of this
    Court in Chloro Controls India (P) Ltd. vs. Severn Trent
    Water Purification Inc.
    (2013) 1 SCC 641 (“Chloro Controls
    India (P) Ltd.”) was reconsidered by a Constitution Bench
    of five learned Judges in Cox and Kings Limited vs. SAP
    India Private Limited & Another
    , (2024) 4 SCC 1 (“Cox and
    Kings Limited”). The conclusions in the aforesaid
    judgment are at ‘paragraph 170’ which is extracted herein
    for immediate reference:

    “170. In view of the discussion above, we arrive at the
    following conclusions:

    170.1. The definition of “parties” under Section 2(1)(h)
    read with Section 7 of the Arbitration Act includes both
    the signatory as well as non-signatory parties;

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    integrity of this document

    CWP-13133-2026 (O&M) [9]

    170.2. Conduct of the non-signatory parties could be an
    indicator of their consent to be bound by the arbitration
    agreement;

    170.3. The requirement of a written arbitration agreement
    under Section 7 does not exclude the possibility of binding
    non-signatory parties;

    170.4. Under the Arbitration Act, the concept of a “party”

    is distinct and different from the concept of “persons
    claiming through or under” a party to the arbitration
    agreement;

    170.5. The underlying basis for the application of the
    Group of Companies doctrine rests on maintaining the
    corporate separateness of the group companies while
    determining the common intention of the parties to bind
    the non-signatory party to the arbitration agreement;

    170.6. The principle of alter ego or piercing the corporate
    veil cannot be the basis for the application of the Group of
    Companies doctrine;

    170.7. The Group of Companies doctrine has an
    independent existence as a principle of law which stems
    from a harmonious reading of Section 2(1)(h) along with
    Section 7 of the Arbitration Act;

    170.8. To apply the Group of Companies doctrine, the
    Courts or tribunals, as the case may be, have to consider
    all the cumulative factors laid down in Discovery
    Enterprises [ONGC Ltd. v. Discovery Enterprises (P) Ltd.,
    (2022) 8 SCC 42 : (2022) 4 SCC (Civ) 80] . Resultantly, the
    principle of single economic unit cannot be the sole basis
    for invoking the Group of Companies doctrine;

    170.9. The persons “claiming through or under” can only
    assert a right in a derivative capacity;

    170.10. The approach of this Court in Chloro
    Controls [Chloro Controls India (P) Ltd. v. Severn Trent
    Water Purification Inc.
    , (2013) 1 SCC 641 : (2013) 1 SCC
    (Civ) 689] to the extent that it traced the Group of
    Companies doctrine to the phrase “claiming through or
    under” is erroneous and against the well-established
    principles of contract law and corporate law;

    170.11. The Group of Companies doctrine should be
    retained in the Indian arbitration jurisprudence
    considering its utility in determining the intention of the
    parties in the context of complex transactions involving
    multiple parties and multiple agreements;

    170.12. At the referral stage, the referral court should
    leave it for the Arbitral Tribunal to decide whether the
    non-signatory is bound by the arbitration agreement; and

    170.13. In the course of this judgment, any authoritative
    determination given by this Court pertaining to the Group
    of Companies doctrine should not be interpreted to
    exclude the application of other doctrines and principles
    for binding non-signatories to the arbitration agreement.”

    6. One of the submissions advanced at the bar was that
    since the impugned order of the learned Arbitrator was
    during the regime of the dictum of this Court in Chloro
    Controls India (P) Ltd. and now in Cox and Kings Limited,
    DALBIR SINGH
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    CWP-13133-2026 (O&M) [10]

    there has been a crystallization of the law, therefore, the
    matter could be remanded to the learned Arbitrator for
    reconsideration of the application filed by the second
    respondent-State of Punjab vis a-vis its deletion from the
    array of parties in the claim made by the appellant herein.

    7. Learned AAG appearing for the second respondent-
    State of Punjab submitted that without going into the
    merits of the issue if the matter is to be reconsidered by
    the learned Arbitrator possibly the State of Punjab may not
    have any serious objection in that regard.

    8. Learned counsel for the first respondent who is a
    party to the arbitration proceeding also submitted that
    appropriate orders may be made in the matter.

    9. Consequently, we find that interest of justice would
    be sub-served if the matter is remanded to the learned
    arbitrator to reconsider the application filed by the second
    respondent State of Punjab vis-a-vis its deletion from the
    array of parties in the Claim Petition filed by the appellant
    herein in light of the judgments of this Court including the
    latest judgment of this Court in Cox and Kings Limited. As
    a consequence of the aforesaid directions, the impugned
    order passed by the learned Additional District Judge,
    Patiala, Punjab in Arbitration Case No.41/2021 dated
    17.02.2022 as well as the order dated 09.01.2021 passed
    by the learned Sole Arbitrator, are set-aside with a request
    to reconsider the said application having regard to the
    dicta of this Court and in accordance with law.

    10. We say that we have not expressed anything on the
    merits of the application filed by the second respondent
    seeking deletion from the array of parties in the Claim
    Statement. All contentions on both sides are left open.

    11. Consequently, the application filed by the appellant
    herein under Section 24 of the Arbitration and
    Conciliation Act also stands revived and to be disposed of
    along with the application filed by the State of Punjab, in
    accordance with law.

    This appeal is disposed of in the aforesaid terms.
    No costs.

    Pending application(s), if any, shall stand disposed
    of.”

    9. Pursuant to the order of the Apex Court, the Arbitral

    Tribunal held as under:-

    DALBIR SINGH

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                     CWP-13133-2026 (O&M)                                                       [11]
    
    
                                   "4.14   In    these circumstances, the Tribunal is satisfied,
                                   given   the    complexity     involved      in    determination     of
    

    Respondent No.2’s role in the facts of the present arbitral
    matter, that it would be appropriate to allow the parties to
    lead their respective evidence before taking up the issue of
    deletion of Respondent No.2 from the array of parties. This
    aspect is also strengthened by the Supreme Court Order by
    way of which the Claimant’s Application for leading
    evidence has been revived by the Supreme Court.
    4.15 The submission of the Ld. Advocate General that
    permitting evidence to be led would amount to subjecting
    a non-signatory to prolonged arbitral proceedings also
    requires consideration. It is true that jurisdictional
    objections ought not to be rendered illusory. However, as
    noticed above, the Supreme Court itself has contemplated
    that such objections may, in appropriate cases, require
    evidentiary examination.

    4.16 It is to be highlighted at this stage that if after
    evidence is led and the matter is finally heard, the
    Tribunal concludes that Respondent No.2 is required to be
    deleted from the array of parties, appropriate orders as to
    costs can be passed so as to compensate Respondent No.2
    for any inconvenience or expense occasioned by its
    participation in the proceedings. The Act vests the
    Tribunal with sufficient discretion in this regard.
    4.17 On the other hand, to decide the Application for
    Deletion at this stage without first permitting the parties
    to adduce evidence, especially in a matter where the
    Supreme Court has itself emphasised the complexity of the
    nature of the inquiry, may not be consistent with the
    approach laid down in Cox & Kings. The Tribunal is of the
    considered view that such an approach would not be
    consistent with the spirit of the remand order.
    4.18 It is clarified that after evidence is led on all issues,
    including the issue of deletion, the Tribunal shall while
    rendering the final award, first determine the objection of
    Respondent No.2 relating to its jurisdiction and status as a
    non-signatory. Only thereafter, the Tribunal would proceed
    to adjudicate upon the merits of the claims and
    counterclaims in accordance with the principle enunciated
    in Maharshi Dayanand University.

    4.19 The Tribunal is also mindful of the submission made
    on behalf of Ld. AG that, having regard to Article 299 of
    the Constitution of India, the Spate of Punjab cannot in
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    CWP-13133-2026 (O&M) [12]

    law be treated as a party to the MSA or the arbitration
    agreement. The said contention raises important legal
    issues. However, whether the Constitutional requirements
    were satisfied, whether Respondent No.1 acted with the
    requisite authority, and what legal consequences, if any,
    arise from the conduct alleged by the Claimant, cannot be
    determined in isolation from the factual record. At this
    stage, the Tribunal does not consider it appropriate to
    express any view on the merits of that contention, which
    shall remain open for consideration at the stage of final
    determination.

    4.20 In view of the above discussion, and having regard to

    (i) the absence of any statutory mandate requiring
    immediate adjudication of the Application for Deletion; (i)
    the procedural autonomy of the Tribunal under Section 19
    of the Act; (ii) the complex nature of inquiry contemplated
    under Cox & Kings; and (iv) the availability of
    compensatory costs as a safeguard against prejudice, the
    Tribunal is of the considered view that the Application for
    Deletion need not be decided as a preliminary issue at this
    stage and may appropriately be determined after the
    parties have led evidence on all their claims and counter –
    claims.

    4.21 Needless to state, nothing contained in this order
    would be tantamount to any finding that Respondent No.2
    is bound by the arbitration agreement. Its objection to
    jurisdiction remains open in its entirety. The present order
    is confined to the limited issue taken up with the consent
    of the parties as to the stage at which the issue of deletion
    is to be decided.

    5. In view of the analysis and reasoning above, the
    Tribunal directs that the Application for Deletion filed by
    Respondent No.2 would be taken up at the stage of
    rendering the final award after the parties have led
    evidence in this arbitral matter. The Application for
    leading evidence filed by the Claimant stands disposed of
    in the terms above.

    5.1 Resultantly, it is directed that Respondent No.2 shall
    file, provisionally, its Statement of Defence and Counter –
    Claim, if any, within a period of 4 weeks from the date of
    pronouncement of this order. The Claimant shall file its
    reply within 3 weeks thereafter. Rejoinder, if any, may be
    filed within 2 weeks thereafter.”

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    CWP-13133-2026 (O&M) [13]

    10. In Cox and Kings (2) (supra), the Apex Court, held

    as under:-

    “34. Further, on the issue of impleadment of Respondent
    2, which is not a signatory to the arbitration agreement,
    elaborate submissions have been made on both the sides,
    placing reliance on terms of the agreements, email
    exchanges, etc. In view of the complexity involved in the
    determination of the question as to whether Respondent 2
    is a party to the arbitration agreement or not, we are of
    the view that it would be appropriate for the Arbitral
    Tribunal to take a call on the question after taking into
    consideration the evidence adduced before it by the parties
    and the application of the legal doctrine as elaborated in
    the decision in Cox & Kings.”

    11. Still further, in the case of ASF Buildtech (supra), it

    was held by the Apex Court as under:-

    “115. This hands-off approach of Referral Courts in relation
    to the question of whether a non-signatory is a veritable
    party to the arbitration agreement or not was reiterated in
    Cox & Kings (2), wherein one of us, (J.B. Pardiwala, J.),
    observed that once an Arbitral Tribunal stands constituted,
    it becomes automatically open to all parties to raise any
    preliminary objections, including preliminary objections
    touching upon the jurisdiction of such tribunal, and to
    seek an early determination thereof. Consequently, the
    issue of impleadment of a non-signatory was deliberately
    left for the Arbitral Tribunal to decide, after taking into
    consideration the evidence adduced before it by the parties
    and the principles enunciated under Cox & Kings (I).

    116. Similarly, in Ajay Madhusudan it was held that since
    a detailed examination of numerous disputed questions of
    fact was required for determining whether the non-
    signatory is a veritable party to the arbitration agreement,
    the same cannot be examined in the limited jurisdiction
    under Section 11 of the 1996 Act as it would tantamount
    to a mini trial. Accordingly, the Arbitral Tribunal was
    found to be the appropriate forum for deciding the said
    issue on the basis of the evidence that may be adduced by
    the parties.

    117. This approach is necessitated by the inherent
    complexity involved in determining whether a non-

    DALBIR SINGH

    signatory qualifies as a veritable party to the arbitration
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    CWP-13133-2026 (O&M) [14]

    agreement, a determination that hinges upon a
    multiplicity of factual aspects and demands a high
    threshold of satisfaction based on a cumulative and
    holistic evaluation of the entire factual matrix. Such an
    intricate and evidence driven exercise makes the Arbitral
    Tribunal the most appropriate forum to adjudicate the
    matter, as it possesses the institutional advantage of
    conducting a comprehensive scrutiny of all evidences and
    materials adduced by the parties.”

    12. If one examines the matter in its entirety, it emerges

    that it was previously held that while deciding the application

    under Section 11 of the 1996 Act, the Referral Court should not

    decide about the issue as to whether a non signatory to an

    arbitral agreement could be or could not be considered a

    veritable party and the said exercise would have to be conducted

    by the Arbitral Tribunal since evidence was required to be led on

    the said issue.

    13. Recently, the Apex Court, after considering the

    judgments in Cox and Kings and ASF Buildtech (supra), held

    in the case of Hindustan Petroleum Corporation Ltd. Vs. BCL

    Secure Premises Pvt. Ltd., (2026)3 SCC 711, that where on

    the face of it, the issue could be considered by the Referral

    Court, it cannot be said that such issue should not be decided

    by the Referral Court:-

    “34. In fact, ASF Buildtech (Supra) expressly notices the
    holding in Para 169 of Cox & Kings (Supra) to conclude
    that the Referral Court was required to prima facie rule on
    the existence of the arbitration agreement and whether the
    non signatory was a veritable party. All that it holds
    further in reiteration of the earlier line of judgments is
    that even if the Court holds that prima facie a party is a
    veritable party that will not foreclose the Arbitral Tribunal
    from concluding to the contrary after an intensive inquiry.

    DALBIR SINGH
    2026.07.21 14.20
    I attest to the accuracy and
    integrity of this document

    CWP-13133-2026 (O&M) [15]

    35. This does not mean that where the Referral Court
    finds prima facie a party is not a veritable party still the
    matter is left to the Arbitral Tribunal. To hold so, would
    relegate the Referral Court to the status of a monotonous
    automation. Further, to countenance such an extreme
    proposition would lead to disastrous consequences, where
    absolute strangers could walk into the Referral Court and
    contend that the matter has to perforce go to the Arbitral
    Tribunal for a decision on the veritable nature of the party.
    We are not prepared to accept such an extreme
    proposition.”

    14. Before adverting to the merits of the issue, it is

    worthwhile to notice that there has been a debate as to whether

    the decisions of the Arbitral Tribunal are amenable to challenge

    under Article 226/227 of the Constitution of India. There is one

    line of decisions in which it has categorically been held that no

    such challenge is possible. Reference may be made to the

    judgments of the Apex Court in the cases of Deep Industries

    Limited (supra) and Bhaven Construction (supra). Yet

    another view is that the supervisory jurisdiction of the High

    Court under Article 227 of the Constitution of India, cannot be

    curtailed and that a decision of an Arbitral Tribunal which is

    also a Tribunal, would be amenable to challenge under Article

    226/227 of the Constitution of India. It was also held that the

    non-obstante clause in Section 5 of the 1996 Act, does not apply

    in respect of exercise of powers under Article 227 of the

    Constitution of India, which is a Constitutional provision. It was

    further held that for interference under Article 226/227 of the

    Constitution of India, there have to be exceptional

    circumstances. One such view was taken by the High Court of

    DALBIR SINGH
    2026.07.21 14.20
    I attest to the accuracy and
    integrity of this document
    CWP-13133-2026 (O&M) [16]

    Delhi in the case of Surender Kumar Singhal‘s case (supra),

    wherein it was held as under:-

    “25. A perusal of the above-mentioned decisions, shows
    that the following principles are well settled, in respect of
    the scope of interference under Article 226/227 in
    challenges to orders by an arbitral tribunal including
    orders passed under Section 16 of the Act.

    (i) An arbitral tribunal is a tribunal against which a petition
    under Article 226/227 would be maintainable;

    (ii) The non-obstante clause in Section 5 of the Act does
    not apply in respect of exercise of powers under Article
    227
    which is a Constitutional provision;

    (iii) For interference under Article 226/227, there have to
    be `exceptional circumstances’;

    (iv) Though interference is permissible, unless and until
    the order is so perverse that it is patently lacking in
    inherent jurisdiction, the writ court would not interfere;

    (v) Interference is permissible only if the order is
    completely perverse i.e., that the perversity must stare in
    the face;

    (vi) High Courts ought to discourage litigation which
    necessarily interfere with the arbitral process;

    (vii) Excessive judicial interference in the arbitral process
    is not encouraged;

    (viii) It is prudent not to exercise jurisdiction under Article
    226/227;

    (ix) The power should be exercised in `exceptional rarity’ or
    if there is `bad faith’ which is shown;

    (x) Efficiency of the arbitral process ought not to be
    allowed to diminish and hence interdicting the arbitral
    process should be completely avoided.”

    15. It was held in this judgment that the scheme of

    Section 16 of the 1996 Act envisages that issues of jurisdiction

    ought to be raised before the Arbitral Tribunal at the earliest and

    under Section 16(5) of the 1996 Act, the Tribunal is mandated to

    decide the said issues. Relying upon the decision in the case of

    Mcdermott International Inc vs Burn Standard Co. Ltd. &

    Ors., (2006) 11 SCC 181, it was held that the jurisdictional
    DALBIR SINGH
    2026.07.21 14.20
    I attest to the accuracy and
    integrity of this document
    CWP-13133-2026 (O&M) [17]

    question is to be decided as a preliminary ground and the same

    has to be decided at the earliest. The Delhi High Court went on

    to hold that there cannot be a hard and fast rule and depending

    upon the facts and circumstances of each case, the Tribunal

    ought to decide the objections under Section 16 of the 1996 Act

    as soon as possible as a preliminary ground. The Delhi High

    Court held as under:-

    “31. ……The following factors can be borne in mind when
    objections are raised under Section 16 of the Act:

    i. If the issue of jurisdiction can be decided on the basis of
    admitted documents on record then the Tribunal ought to
    proceed to hear the matter/objections under Section 16 of
    the Act at the inception itself;

    ii. If the Tribunal is of the opinion that the objections
    under Section 16 of the Act cannot be decided at the
    inception and would require further enquiry into the
    matter, the Tribunal could consider framing a preliminary
    issue and deciding the same as soon as possible.
    iii. If the Tribunal is of the opinion that objections
    under Section 16 would require evidence to be led then the
    Tribunal could direct limited evidence to be led on the said
    issue and adjudicate the same.

    iv. If the Tribunal is of the opinion that detailed evidence
    needs to be led both written and oral, then after the
    evidence is concluded, the objections under Section

    16 would have to be adjudicated first before proceeding to
    passing of the award.”

    16. Special Leave to Appeal (C) No. 6171-2021 was

    preferred against the said decision of the Delhi High Court,

    which was dismissed by the Apex Court vide order dated

    27.04.2021.

    17. Reverting to the facts of the case, the Apex Court

    had, while remanding the matter to the learned Arbitral

    Tribunal, observed that the application filed by the petitioner

    vis-à-vis its deletion from the array of the parties, would be
    DALBIR SINGH
    2026.07.21 14.20
    I attest to the accuracy and
    integrity of this document
    CWP-13133-2026 (O&M) [18]

    reconsidered by the learned Arbitral Tribunal. Since extensive

    evidence was required to be led to decide the said issue, the

    learned Tribunal held that the application would be decided at

    the final stage.

    18. However, what emerges from the impugned order is

    that the learned Arbitral Tribunal intends to decide the

    application moved by the petitioner along with the Award. It has

    clearly been stated that the application would be decided first,

    which would be followed by the Award.

    19. In the considered opinion of this Court, keeping in

    view the nature of the matter and the decision of the Apex Court

    vide which it had remanded the matter to the learned Arbitral

    Tribunal, it would have been in the interest of justice and due

    compliance of the order of the Apex Court to decide the

    application before adjudicating on the merits of the case even if

    the entire evidence would have to be led for the said purpose.

    20. This Court does not intend to and in fact, should not

    interfere in the decision that the application would be decided at

    the final stage. In fact, this Court finds no error in the said

    decision of the learned Arbitral Tribunal because extensive

    evidence, as per the learned Arbitral Tribunal, would be required

    to be led by both sides. The learned Tribunal also kept in mind,

    the power to award costs/expenses etc. to compensate the

    petitioner for any inconvenience caused or expenses occasioned

    by its participation in the proceedings.

    21. Under the circumstances, the decision of the learned

    Tribunal that the application under Section 16 of the 1996 Act

    would be decided at the final stage, does not call for any
    DALBIR SINGH
    2026.07.21 14.20
    I attest to the accuracy and
    integrity of this document
    CWP-13133-2026 (O&M) [19]

    interference. However, keeping in mind the directions issued by

    the Apex Court while remitting the matter on 11.12.2024, this

    Court is of the considered opinion that in the first instance, after

    the evidence has been led, the application under Section 16 of

    the 1996 Act should be decided and thereafter, arguments can

    be heard on merits and Award can be passed. This would be due

    compliance of the directions of the Apex Court. This Court

    accordingly requests the learned Tribunal to proceed in the

    manner indicated above.

    22. The writ petition is disposed of in the above terms.

    Pending application(s), if any, shall also stand

    disposed of.

    (VIKRAM AGGARWAL)
    JUDGE
    20.07.2026
    ds
    Whether speaking/reasoned : Yes/No
    Whether reportable : Yes/No

    DALBIR SINGH
    2026.07.21 14.20
    I attest to the accuracy and
    integrity of this document



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