Meghalaya High Court Holds Non-Signatory, Non-Existent LLP Cannot Invoke Arbitration Protection

The Meghalaya High Court dismissed an appeal by Suraksha Salvia LLP challenging the State Government’s termination of a PPP agreement for a diagnostic centre in Shillong.

The Court held that the LLP was not in existence when the agreement was executed and therefore could not invoke Section 9 of the Arbitration and Conciliation Act.

It said a non-signatory that did not exist on the date of contract execution cannot rely on the group-of-companies doctrine to seek interim protection.

The Court upheld the Single Judge’s order and refused to interfere with the termination.

[Suraksha Salvia LLP v. State of Meghalaya]