Kamdar Plastics v. Protium Finance Limited

912-ARBP-46-2026.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 46 OF 2026 Kamdar Plastics & Ors.

...Petitioners

Versus

Protium Finance Limited.

...Respondent

Mr. Pratik Barot, i/b Kruti Bhavsar, for the Petitioners. None for Respondent.

CORAM

: SOMASEKHAR SUNDARESAN, J.

DATE : March 6, 2026 ORDER :

1.

This is the third occasion and yet again none appears for the Respondent. The order passed in the Section 17 Application had been stayed by this Court by an order dated January 23, 2026 for the reasons set out therein. Despite the earlier order passed by this Court, the Respondent has chosen not to enter appearance so far and there is nothing on record to indicate that prima facie observations made in the order dated January 23, 2026 can be countered. 2.

Evidently, the order appears to have been passed by a ASHWINI JANARDAN VALLAKATI unilaterally appointed arbitrator. The Respondent has not even chosen ASHWINI JANARDAN VALLAKATI Date: 2026.03.10 11:56:55 +0530 to enter appearance to defend the order. The law declared by the March 6, 2026 Ashwini Vallakati

912-ARBP-46-2026.doc Supreme Court in Bhadra International1 specifically holds that the actions by the unilaterally appointed arbitrator would be in nullity. 3.

In these circumstances, the Petition is allowed and the impugned order is quashed and set aside.

4.

All actions required to be taken pursuant to this order shall be taken upon receipt of a downloaded copy as available on this Court's website.

[ SOMASEKHAR SUNDARESAN, J.] Bhadra International (India) Pvt. Ltd. And Ors. v. Airports Authority of India 2026 SCC OnLine SC 7 March 6, 2026 Ashwini Vallakati