Tata Capital Limited Formerly Known As Tata Captical Financial Services Ltd v. Pranav Shirke

57-IA-1215-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 1215 OF 2025 IN EXECUTION APPLICATION NO.29 OF 2026 TATA CAPITAL LIMITED )...APPLICANT V/s.

PRANAV SHIRKE )...RESPONDENT Ms.Bijal Gogri i/by M/s. O M Gujar Law Chambers, Advocate for the Applicant.

None for the Respondent.

CORAM

:

ABHAY AHUJA, J.

DATE :

8th JUNE 2026 P.C. :

1.

When the matter is called out, Ms.Bijal Gogri, learned Counsel appearing for the Applicant submits that in this matter 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. 2026 SCC Online SC 7 avk 1/2

57-IA-1215-2025.doc 2.

In view of the aforesaid, the award dated 10th December 2021 is therefore set aside and the Execution Application as well as the connected Interim Application stand dismissed. 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.) avk 2/2