Amistad Pharmachem Pvt Ltd v. Protium Finance Limited

31.ARBP.662.2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.662 OF 2025 Amistad Pharmachem Pvt. Ltd. & Ors.

....Petitioners

Versus

Protium Finance Limited ....Respondent Ms. Kruti Bhavsar a/w. Pratik Barot & Angel Pandey, for Petitioners.

CORAM: SOMASEKHAR SUNDARESAN, J.

DATE : FEBRUARY 26, 2026 ORDER :

1.

Evidently, the Arbitral Tribunal has been unilaterally appointed. In view of the law declared in Bhadra International1, all actions taken by such a unilaterally appointed Arbitrator shall be a nullity. In these circumstances, the impugned orders dated March 1, 2025 and March 29, 2025 are hereby quashed and set aside.

2.

However, the parties are sent to mediation to examine the possibility of a settlement between the parties. The parties shall present themselves before the Deputy Registrar in charge of mediation in this Court whose contact particulars are set out below, on March 6, 2026 prior to 4:00 p.m.:

1 Bhadra International (India) Pvt. Ltd. & Ors. v. Airports Authority of India - 2026 SCC Online SC Digitally signed by AARTI GAJANAN PALKAR Date:

2026.02.27 11:26:47 +0530 AARTI GAJANAN PALKAR FEBRUARY 26, 2026 Aarti Palkar

31.ARBP.662.2025.doc 3rd Floor, MTNL Building, Fountain near Bombay High Court, Mumbai - 400001.

Email : main.mediation@bhc.gov.in Tel. No.: (022) 22630715 3.

The Mediation Centre shall issue further instructions on how to proceed further in the matter. The parties are given about three weeks' time to thrash out their differences in mediation. 4.

All actions required to be taken pursuant to this order shall be taken upon receipt of a downloaded copy as available on this Court's website.

[ SOMASEKHAR SUNDARESAN, J.] FEBRUARY 26, 2026 Aarti Palkar