Auxilo Finserve Pvt Ltd v. Sri Shiridi Sai Education Society

5, 19 & 20.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 1102 OF 2026 IN EXECUTION APPLICATION NO. 298 OF 2026 Auxile Finserve Pvt. Ltd.

...Applicant

Versus

Sri Shirdi Sai Education Society

...Respondent

AND INTERIM APPLICATION NO. 790 OF 2025 IN COMMERCIAL EXECUTION APPLICATION NO. 41 OF 2025 AND INTERIM APPLICATION NO. 791 OF 2025 IN COMMERCIAL EXECUTION APPLICATION NO. 57 OF 2025 Ms. Simran K. Raj i/b Ms. Tikshta Modi for the Applicant.

CORAM

:

ABHAY AHUJA, J.

DATE :

15th JUNE, 2026 P.C. :

1.

When these matters are called out, Ms. Raj, learned Counsel appearing for the Applicant submits 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 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. Digitally signed by NIKITA YOGESH GADGIL Date:

2026.06.16 10:14:49 +0530 2026 SCC Online SC 7.

NIKITA YOGESH GADGIL Nikita Gadgil 1/2

5, 19 & 20.doc 2.

In view of the aforesaid, the respective awards are, therefore, set aside and the Execution Applications which are not on board and taken on board 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.

(ABHAY AHUJA, J.) Nikita Gadgil 2/2