informing the Arbitral Tribunal that in terms of the order dated 16th December, 2011 passed by the Company Court, at the Delhi High Court, in Company Petition no.464/2011, the respondent no.1 has inter alia transferred the EPC Undertaking and the Power Undertaking of the respondent no.1 to respondent no.2 along with liabilities attached thereto. In the application, it was further submitted that in view of this transfer, the respondent no.2 needs to be substituted in the arbitration proceedings in place of respondent no.1, who had been inadvertently contesting the claims filed by the petitioner. Though, the Arbitrator expressed his displeasure on the application being moved at such a belated stage, as respondent no.2 had filed an affidavit stating that it fully adopts the statement of defence, affidavit of admission and denial and other proceedings/pleadings filed by respondent no.1, vide order dated 9th December, 2017 directed the respondent no.2 to also file an affidavit of its assets. At this stage, the respondent no.1 withdrew its application. Learned senior counsel for the petitioner submits that as the claim of the petitioner is in relation to the EPC Undertaking that has been transferred to the respondent no.2 along with all liabilities, respondent no.2 shall be equally bound by any Arbitral Award passed against respondent no.1. He further submits that as the Arbitrator could not have passed any order under Section 17 of the Act against the respondent no.2, the present application was necessitated. 4. On the other hand, the counsel for respondent no.2 submits that the respondent no.1 has filed an affidavit disclosing its assets before the Sole Arbitrator. There is no direction passed by the Sole
