Tata Capital Limited(Formerly Known As Tata Capital Financial Services Ltd) v. Jyoti Engineering Infra Works Pro Jyotiben Bharatbhai Kareliya And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 1758 OF 2023 IN EXECUTION APPLICATION NO. 1647 OF 2024 Tata Capital Financial Services Limited ...Applicant V/s.

Digvijay J. Patel

...Respondent

AND INTERIM APPLICATION NO. 2742 OF 2025 IN EXECUTION APPLICATION NO. 1968 OF 2025 AND INTERIM APPLICATION NO. 2743 OF 2025 IN EXECUTION APPLICATION NO. 1642 OF 2025 AND INTERIM APPLICATION NO. 2744 OF 2025 IN EXECUTION APPLICATION NO. 1451 OF 2025 Ms. Bijal Gogri, through VC i/b O. M. Gujar Law Chambers for the Applicant.

CORAM

:

ABHAY AHUJA, J.

DATE :

15th APRIL, 2026 P.C. :

1.

When the matters are called out, Ms. Gogri, learned Counsel, appearing for the Applicant confirms that in these matters 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 Nikita Gadgil 1/2

29 AND 39 TO 41.doc 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. 2.

In view of the aforesaid, the respective awards are therefore set aside and the Execution Applications as well as the connected Interim Applications stand dismissed/disposed.

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 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.) Digitally signed by NIKITA YOGESH GADGIL Date:

2026.04.17 12:02:10 +0530 NIKITA YOGESH GADGIL 2026 SCC Online SC 7 Nikita Gadgil 2/2