Hdfc Bank Limited v. Phukan Das

52-EXA-3196-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION EXECUTION APPLICATION NO. 3196 OF 2024 HDFC Bank Ltd.

.. Applicant

Versus

Phukan Das .. Respondent None for the Parties.

CORAM:

FIRDOSH P. POONIWALLA, J.

DATE:

APRIL 10, 2026 P. C.

1.

This matter has been listed in view of the decision of the Hon'ble Supreme Court in the case of Bhadra International (India) Pvt. Ltd. and Others vs. Airports Authority of India1 where the Hon'ble Supreme Court has observed that unilateral appointment of an arbitrator is void ab initio and the ineligibility can be raised at any stage and even in execution. 2.

Since, in this matter it has been found by the Office of the TRUSHA TUSHAR MOHITE Prothonotary & Senior Master of this Court that the appointment of the sole TRUSHA TUSHAR MOHITE Date: 2026.04.10 17:27:08 +0530 arbitrator has been unilateral, the said Application, in view of the above 1 2026 SCC Online SC 7 Mohite 1/2

52-EXA-3196-2024.doc decision of the Hon'ble Supreme Court, stands dismissed. The respective Arbitral Award stands set aside and the Commercial Execution Application and the connected Interim Application as well as the Chamber Summons, if any, stand accordingly disposed of.

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 the proviso to Section 12(5) of the Arbitration and Conciliation Act, 1996 (the "said Act") waiving the ineligibility of the sole arbitrator or the right to object under Section 12(5) of the said Act. [FIRDOSH P. POONIWALLA, J.] Mohite 2/2