Tata Capital Financial Services Ltd. v. Om Enterprises

43-EXA-65-2026.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION EXECUTION APPLICATION NO. 65 OF 2026 Tata Capital Financial Services Ltd.

... Applicant V/s.

Om Enterprises ... Respondent ...

Ms. Bijal Gogri i/b. O M Gujar Law Chambers, Advocate for the Applicant.

None for the Respondent.

...

CORAM

:

ABHAY AHUJA, J.

DATE :

10th June, 2026 P.C. :

1.

When the matter is called out, Ms. Gogri, learned Counsel, appearing for the Applicant submits 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. 2026 SCC Online SC 7 Mandar M. 1/2

43-EXA-65-2026.doc 2.

In view of the aforesaid, the award dated 6th October, 2021 is therefore set aside and the Execution Application stands dismissed. 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.

(ABHAY AHUJA, J.) Mandar M. 2/2