Phoenix Arc Private Limited v. St. John Freight Systems Ltd. And Another

32. IA 643-25 in COMEX 156-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 643 OF 2025 IN COMMERCIAL EXECUTION APPLICATION NO. 156 OF 2025 Phoenix ARC Pvt. Ltd.

...Applicant V/s.

St. John Freight Systems Ltd.

...Respondent

Ms. Rahila Menon with Ms. Reet Jain i/b S. I. Joshi & Co. for the Applicant.

CORAM

:

ABHAY AHUJA, J.

DATE :

15th APRIL, 2026 P.C. :

1.

When the matter is called out, Ms. Menon, learned Counsel, appearing for the Applicant confirms that in this matter there has been a unilateral appointment of Arbitrator and this Court may pass appropriate orders in view of the decision in the case of Bhadra International (India) Pvt. Ltd. and others vs. Airports Authority of India1, where the Hon'ble Supreme Court has clearly observed that unilateral appointment of arbitrator is void ab initio and the ineligibility can be raised at any stage and even in execution. 2.

In view of the aforesaid, the award dated 30th June, 2017 is therefore set aside and the Execution Application as well as the connected Interim Application stand dismissed/disposed. 2026 SCC Online SC 7 Nikita Gadgil 1/2

32. IA 643-25 in COMEX 156-25.doc 3.

It would be open to the parties to initiate fresh arbitration proceedings in accordance with law.

4.

As far as limitation is concerned, the period from the invocation of the arbitration till today be excluded in initiating fresh arbitration proceedings.

5.

Liberty to apply in the event there exists an express agreement in writing in terms of proviso to Section 12(5) of the said Act waiving the ineligibility of the sole arbitrator or the right to object under Section 12(5) of the said Act.

(ABHAY AHUJA, J.) NIKITA YOGESH GADGIL NIKITA YOGESH GADGIL Date: 2026.04.17 11:59:00 +0530 Nikita Gadgil 2/2