Tata Capital Limited v. Abhilash Baban Gurav

333-IA-1434-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION Digitally signed by KANCHAN PRASHANT DHURI Date:

2026.04.07 15:04:08 +0530 KANCHAN PRASHANT DHURI INTERIM APPLICATION NO. 1434 OF 2025 IN EXECUTION APPLICATION NO. 936 OF 2025 Tata Capital Limited ... Applicant

Versus

Abhilash Baban Gurav ... Respondent ............

Ms. Bijal Gogri instructed by OM Gujar Law Chamber, Advocate for the Applicant.

None for the Respondent.

............

CORAM

:

ABHAY AHUJA, J.

DATE :

6 APRIL 2026 P.C. :

1.

When the matters is called out, Ms. Gogri, learned Counsel, appears for the Applicant and 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. 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 Kanchan Dhuri 1/2

333-IA-1434-2025.doc 2.

In view of the aforesaid, the award dated 12th October 2022 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.

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.) Kanchan Dhuri 2/2