Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | ss. 11(5) 11(9) and 11(12)(a) Arbitration and Conciliation Act 1996 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Arbitration and Conciliation Act, 1996 (26 of 1996) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Arbitration Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Arbitration and Conciliation Act, 1996 – ss. 11(5), 11(9) and 11(12)(a) – Signatory and non-signatory parties to the arbitration agreement – According to the applicant, the respondents had approached them with an offer to print labels – Pursuant thereto, respondent no.1 and applicant entered into an agreement dated 01.05.2014 – It was averted that arbitration agreement was an integral part of the agreement dated 01.05.2014 – Respondent no.2 was a non-signatory party to the agreement dated 01.05.2014 – Dispute arose between the parties – Respondent no.2 was impleaded in the arbitration proceedings on the ground that respondent no.2 was the parent/holding Company of respondent no.1 – Respondent no.2 refuted the assertions made by the applicant – Held: In the instant case, burden is on the applicant to establish that respondent no.2 had an intention to consent to the arbitration agreement and be party, may be for the limited purpose of enforcing the indemnity clause in the agreement, which refers to respondent no.1 and the supplier group against any claim of loss, damages and expenses, howsoever incurred or suffered by the applicant and arising out of or in connection with matter specified – That burden was not discharged by the applicant – Further, respondent no.2 was never involved in the negotiation process concerning the agreement dated 01.05.2014 – Thus, respondent cannot be subjected to proposed arbitrative proceedings. |
Judge | Hon'ble Mr. Justice A.M. Khanwilkar |
Neutral Citation | 2019 INSC 700 |
Petitioner | RECKITT BENCKISER (INDIA) PRIVATE LIMITED |
Respondent | REYNDERS LABEL PRINTING INDIA PRIVATE LIMITED AND ANR. |
SCR | [2019] 8 S.C.R. 966 |
Judgement Date | 2019-07-01 |
Case Number | 65 |
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