This Application, filed under Section 11 of the Arbitration
and Conciliation Act, 1996 (Arbitration Act ) for appointment of an
arbitrator, raises an interesting issue ... Court referred the parties to
arbitration in view of arbitration agreement contained in clause 17 in the
Deed of Assignment of Development Rights. By order
award-holder under a Business Transfer Agreement dated 13.03.2023
assigned its assets including the present arbitration award which is sought to
be enforced through ... arbitration agreement as a person "claiming through or under" a party to
the arbitration agreement. An assignee takes the assigned right under
March, 2026
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
ARBITRATION PETITION NO.39/2025
MOHAN RAMANUJAM PETITIONER(S)
VERSUS
BLOOM ENERGY CORPORATION ... adjudicate disputes arising out of the
Employment, Confidential Information, Invention Assignment and
Arbitration Agreement dated 30.05.2014.
2. The petitioner was employed with respondent
prior written notice
without assigning any reason whatsoever.
6. Clause 27 of the lease deed provided for arbitration which is
reproduced as under ... witnesses
have been examined during the course of arbitration. The reasoning assigned
by the Arbitrator to ignore all such reports are contained in para
contract executed between the parties contains
arbitration Clause-39 which reads thus :-
39. ARBITRATION:
The provisions 63 and 64 of the GCC will be applicable ... shall not be entitled to ask for reference to
arbitration before COMPLETION of the work assigned to him under
this contract. The contractor shall seek
namely, Reliance Infocomm Ltd.
included its successors and assigns. Thus, the agreement and the
arbitration clause were binding on the respondents.
3. Upon execution ... absolute obstructions to
law/the arbitration agreement. Arbitration, thus, could be
possible between a signatory to an arbitration agreement and a
third party. Of course
signatory parties to be bound by the arbitration
agreement. Generally, consent-based theories such as agency,
novation, assignment, operation of law, merger and succession ... Thus, a non-signatory to an arbitration agreement,
15
even against its wish, can be referred to arbitration. Paragraphs 37-41 are
quoted below
arbitration agreement in itself having its
own force.
41. In the arbitration proceeding being conducted at Mohali, the petitioner
filed an application under Section ... work order should be triggered and
arbitration should be initiated accordingly at the assigned seat i.e.
New Delhi. Thus, only the Courts
Arbitration Act are listed before
me. However, Commercial Arbitration Petition (L) No.24333 of 2025 does
not pertain to the assignment of this Court ... Commercial Arbitration Petition No.884 of 2025 filed under Section 9
of the Arbitration Act (present Petition) pertains to the assignment of this
Court, which
Constitution of India, in a petition under
Section 9 of the Arbitration and Conciliation Act, 1996
(hereinafter referred ... which have been
violated. She further submits that the assignment deed
contains an arbitration clause and thus this petition was
filed.
5. Learned counsel
