Hind Offshore Private Limited vs OCS Services (India) Private Limited

Judgment text excerpt

J- 11-CARBPL-41270-2025.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL ARBITRATION PETITION (L) NO. 41270 OF 2025 Hind Offshore Private Limited …Petitioner Versus OCS Services (India) Private Limited …Respondent Dr. Veerendra Tulzapurkar, Senior Advocate, a/w Nitin Parkhe, i/b Jacob Kadantot for the Petitioner. Ms. Fereshte Sethna, a/w Prakalathan Bathaye, Sushmita Singh, i/b DMD Advocates for Respondent. Digitally signed by ASHWINI ASHWINI JANARDAN CORAM: SOMASEKHAR SUNDARESAN, J. JANARDAN VALLAKATI VALLAKATI Date: 2026.05.19 14:35:01 +0530 DATE: MAY 19, 2026 JUDGEMENT: Context and Factual Background: 1. This is a Petition filed under Section 37 of the Arbitration and Conciliation Act, 1996 (“the Act”) impugning an order dated November 19, 2025 (“Impugned Order”), which rejected an application by the Petitioner, Hind Offshore Private Limited (“Hind Offshore”), seeking to implead an entity by the name, Planet Support Services India Private Limited (“ Planet Page 1 of 27 May 19, 2026 Ashwini Vallakati J- 11-CARBPL-41270-2025.doc Support”), in the course of defending a claim raised by Respondent No.1, OCS Services (India) Private Limited (“OCS Services”). 2. Two issues fall for consideration in the captioned proceedings:- A] Whether a challenge is at all maintainable against the rejection of an application for impleadment of a third party as a veritable party; and B] Whether on merits, in the facts of the case, a case for interference with the Impugned Order has been made out. 3. OCS Services is the claimant in the arbitration proceedings. OCS Services had bagged a contract from Oil and Natural Gas Corporation Limited (“ONGC”) for painting certain rigs, for which it required two vessels to accommoda