Mangal Credit And Fincorp Limited,, Rep. By Its Authorized Representative Bhavin Sindhwa v. Business Rankers (Borrower)

994-EXA-1774-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION EXECUTION APPLICATION NO. 1774 OF 2025 Mangal Credit And Fincorp Limited )... Applicant V/S.

Business Rankers (Borrower) )... Respondent None present.

CORAM

:

ABHAY AHUJA, J.

DATE :

30th April 2026 P.C. :

1.

In this matter, it has been found by the learned Associate of this Court that the appointment of the sole arbitrator has been unilateral. 2.

Accordingly, 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 arbitrator is void ab initio and the ineligibility can be raised at any stage and even in execution, the arbitral award dated 11th July, 2023 stands set aside. The Execution Application is not on board. It is taken on board and the Execution Application and the connected Interim Application accordingly stand dismissed/disposed.

2026 SCC Online SC 7 Mandar M. 1/2

994-EXA-1774-2025.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 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. (ABHAY AHUJA, J.) Mandar M. 2/2