Tata Capital Limited v. Dinkar Narayanrao Chatarkar And ANR

38, 40 & 41.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 1765 OF 2025 IN EXECUTION APPLICATION (L) NO. 9567 OF 2025 Tata Capital Limited (Formerly Known as Tata Capital Financial Services Ltd) ... Applicant V/s.

Dinkar Narayanrao Chatarkar & Anr ... Respondents AND INTERIM APPLICATION NO. 2364 OF 2025 IN EXECUTION APPLICATION (L) NO. 9568 OF 2025 AND INTERIM APPLICATION NO. 2365 OF 2025 IN EXECUTION APPLICATION (L) NO. 9570 OF 2025 ....

Ms. Bijal Gogri i/b. O M Gujar Law Chambers Advocate for the Applicant.

....

CORAM

:

ABHAY AHUJA, J.

DATE :

11th June, 2026 PC:- 1.

When these matters are called out, Ms. Gogri, 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 Mandar M. 1/2

38, 40 & 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.

(ABHAY AHUJA, J.) 2026 SCC Online SC 7 Mandar M. 2/2