M/S Cholamandalam Investment And Finance Co Ltd v. Anisul Rahaman And ANR

OCD-13 ORDER SHEET

IN THE HIGH COURT AT CALCUTTA

COMMERCIAL DIVISION ORIGINAL SIDE IA NO. GA-COM/1/2026 In EC/174/2023 M/S CHOLAMANDALAM INVESTMENT AND FINANCE CO LTD Vs ANISUL RAHAMAN AND ANR

BEFORE:

The Hon'ble JUSTICE GAURANG KANTH Date : 18th June, 2026.

Appearance Mr. Ranjit Singh, Adv.

Ms. Tutul Das Singh, Adv.

Mr. Amar Singh, Adv.

Ms. Subharchita Mukherjee, Adv.

... for award-holder Ms. Jhuma Chakraborty, Adv.

Mr. Rahul Kumar Saha, Adv.

Mr. Menhaz Rahaman, Adv.

... for award-debtors The Court: Learned counsel appearing on behalf of the award holder seeks permission to withdraw the present execution petition on the ground that the award sought to be executed was rendered by a learned Sole Arbitrator who had been unilaterally appointed. It is submitted that, in view of the judgment dated 14.05.2026 rendered by this Court in EC-COM 334 of 2026, such an award is non-est in the eyes of law and is incapable of execution.

In view of the aforesaid submission, the present execution petition along with all connected applications are dismissed as withdrawn, with liberty reserved in favour of the award holder to initiate fresh arbitral proceedings before a duly and validly constituted Arbitral Tribunal, appointed in accordance with law.

(GAURANG KANTH, J.) S. Mandi AR(CR)