Bombay High CourtN/619/2025disposed off

Tirtha Securities Pvt. Ltd. v. Bakliwal Securities Pvt. Ltd. And ANR

2026-05-04Hon'Ble Shri Justice Rajesh S. Patil2 pages

KVM 1/2 8 - EXA 1754 OF 2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

by KANCHAN VINOD MAYEKAR Date:

2026.05.07 19:03:45 +0530 KANCHAN VINOD MAYEKAR ORDINARY ORIGINAL CIVIL JURISDICTION EXECUTION APPLICATION NO. 1754/2022 ALONGWITH NOTICE NO. 619/2025 IN EXECUTION APPLICATION NO. 1754/2022 TIRTHA SECURITIES PVT. LTD.

..... APPLICANT VS M/S.BAKLIWAL SECURITIES PVT. LTD. & ANR.

..... RESPONDENTS Adv. A. R. Bamne i/b. M/s. A.R.Bamne & Co, for the Applicant. None for the Respondents.

CORAM : RAJESH S. PATIL, J.

DATE : 4 MAY, 2026 P.C. :- 1) Mr. Bamne on behalf of the applicant submitted that the respondents have participated in the arbitration proceedings. Hence, Supreme Court judgment in Bhadra International (India) Pvt. Ltd. and others vs. Airport Authority of India, Civil Appeal No. 37-38 of 2026 is not applicable in the present proceedings. 2) None appears for the respondents when the matter is called out.

3) From the proceedings, it can be gathered that the appointment of the sole arbitrator was unilateral.

KVM 2/2 8 - EXA 1754 OF 2022.doc 4) I have taken a view in the judgment of L & T Finance Ltd. vs. Sangeeta Bhansali & Anr. in Commercial Execution Application (L) No. 5277 of 2022, considering the latest judgment of the Supreme Court decided on 5 January, 2026, in the matter of Bhadra International (India) Pvt. Ltd. and others vs. Airport Authority of India, Civil Appeal No. 37-38 of 2026, wherein it has been held that even at the stage of execution, an arbitral award can be set aside being void-ab-initio on the grounds that the appointment of the arbitrator was unilateral.

5) In view of the aforesaid judgment, the arbitral award in the present proceeding passed by the sole arbitrator is hereby declared to be non-est in law, non-executable and void-ab-initio. 6) Execution Application stands dismissed.

7) In sequel, the Interim Applications/Notice, if any, also stand disposed of.

8) It shall be open for the parties to initiate fresh arbitration proceedings in accordance with law.

9) As far as limitation is concerned, the period from the invocation of the arbitration till today shall stand excluded for the purpose of initiating fresh arbitration proceedings. (RAJESH S. PATIL, J.)