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.