Aditya Birla Capital Limited v. Saumya Raveendran
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 2557 OF 2025 IN EXECUTION APPLICATION (L) NO. 12327 OF 2025 Kotak Mahindra Bank Limited ... Applicant
Versus
Danco Enterprises India Private Limited ... Respondent WITH EXECUTION APPLICATION NO. 1990 OF 2018 AND INTERIM APPLICATION NO. 5361 OF 2025 IN EXECUTION APPLICATION NO. 2417 OF 2025 Aditya Birla Capital Limited ... Applicant
Versus
Khyati Enterprises ... Respondent AND INTERIM APPLICATION NO. 8235 OF 2025 IN EXECUTION APPLICATION NO. 4 OF 2026 Aditya Birla Capital Limited ... Applicant
Versus
Saumya Raveendran ... Respondent AND EXECUTION APPLICATION NO. 2271 OF 2025 WITH INTERIM APPLICATION NO. 4682 OF 2025 IN EXECUTION APPLICATION NO. 2271 OF 2025 Aditya Birla Capital Limited ... Applicant
Versus
Santosh Kumar Biswal ... Respondent Mandar M. 1/3
Ms. Simran K. Raj i/b. Tikshta Modi, Advocate for the Applicant. None for the Respondent.
CORAM
:
ABHAY AHUJA, J.
DATE :
5th May, 2026 P.C. :
1.
Ms. Raj, learned Counsel appears for the Applicant and submits that in all these matters the appointment of the sole arbitrator has been unilateral and covered by the decision of the Hon'ble Supreme Court, in the case of Bhadra International (India) Pvt. Ltd. and Others vs. Airports Authority of India1 where the Hon'ble Supreme Court has observed that unilateral appointment of arbitrator is void ab initio and the ineligibility can be raised at any stage and even in execution. 2.
Accordingly, the respective arbitral awards stand set aside and the Commercial Execution Applications/Execution Applications and the connected Interim Applications, if any, to accordingly stand dismissed/disposed.
2026 SCC Online SC 7 Mandar M. 2/3
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.) Mandar M. 3/3