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170. In view of the discussion above, we arrive at the following conclusions:
170.2. Conduct of the non-signatory parties could be an indicator of their consent to be bound by the arbitration agreement;"

[Emphasis Supplied]

12. Dr. Tulzapurkar would point out that the Learned Arbitral Tribunal was presented by OCS Services with a purported agreement between OCS Services and Planet Support to indicate that there was an independent contract governing the terms on which Planet Support was involved and purportedly only provided assistance to OCS Services. This document was specifically assailed by Hind Offshore as being a "patently fabricated and backdated document styled as a services agreement " in an Additional Affidavit dated October 24, 2025. However, the Impugned Order states in Paragraph 43 that it is not "the case of the Applicant that the service agreement is a sham agreement or a surrogate agreement", and therefore, the Impugned Order is based on a blatantly wrong reading of the record.

35. Indeed, the Additional Affidavit had alleged that the services agreement between OCS Services and Planet Support, brought on record by OCS Services to demonstrate an arm's-length relationship between two group companies, is fabricated and backdated. However, apart from a bald allegation there is nothing to indicate why and how such services agreement is to be regarded as fabricated and forged. The Impugned Order indeed contains an erroneous observation that it is not Hind Offshore's case that the services agreement with Planet Support is a sham or surrogate agreement. However, even if one accepts this error at its highest, for its apparent conflict with the assertion in the Additional Affidavit, in my opinion, the needle does not turn in Hind Offshore's favour.

May 19, 2026 Ashwini Vallakati J- 11-CARBPL-41270-2025.doc

40. Even taking the assault on the Impugned Order about the erroneous reading that the services agreement between Planet Support and OCS Services had not been assailed by Hind Offshore as a sham or surrogate at its highest, no case has been made out for interference. There is not even a prima facie case made out to substantiate the contention that the services agreement is a sham or surrogate. Indeed, OCS Services has brought to bear invoices raised by Planet Support on OCS Services pursuant to the services agreement and compliance with Goods and Services Tax requirements, to indicate that it is not a sham agreement.