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may 2026

Supreme Court of India · 2026-05-07

Elecon Engineering Company Limited vs Bhartiya Rail Bijlee Company Limited

Court
Supreme Court of India
Petitioner
Elecon Engineering Company Limited
Respondent
Bhartiya Rail Bijlee Company Limited

Judgment text excerpt

The Supreme Court addressed whether a collaborator, who was essential for the contractor's technical qualification to bid, could invoke arbitration despite lacking privity of contract. The High Court had rejected the collaborator's petition under Section 11(6) of the Arbitration and Conciliation Act, 1996, on the ground that there was no direct contractual relationship. The Supreme Court examined the principle that non-signatories may invoke arbitration if they are veritable parties to the arbitration agreement, but found no sufficient connection in the notice under Section 21 to justify this. The appeal challenges the High Court's refusal to direct arbitration involving the collaborator.

Elecon Engineering Company Limited vs Bhartiya Rail Bijlee Company Limited · Niyam