Bombay High Court
Shriram Transport Finance Company Ltd( ... vs Manikandan N Devendra on 8 April, 2026
Author: Abhay Ahuja
Bench: Abhay Ahuja
2026:BHC-OS:8701
901 to 1033, 1035 to 1055 and 1057 to 1148.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
SERIAL NOS. 901 TO 1033, 1035 TO 1055 AND 1057 TO 1148
M/s Bijal Gogri i/b GNP Legal for the Applicant in Sr no. 975.
Ms. Bijal Gogri i/b O. M. Gujar Law Chambers for the Applicant in Sr.
No. 923, 924, 925, 936, 969, 976, 977, 978, 999, 1033, 1035, 1054,
1078, 1079, 1080, 1081, 1090 to 1106 and 1144 to 1148.
Mr. Pawan Kilnake i/b SG Legal & Associates for the Applicant in Sr.
No. 940, 947, 948, 961, 962, 965, 971, 988, 989, 990, 992, 1076,
1107, 1108, 1109, 1110, 1111, 1120 and 1121.
Mr. Sangram Suryavanshi with Mr. Shubham Pasvant for the Applicant
in Sr. No. 973 and 974.
Ms. Merlin Sam i/b P. D. Jain & Co. for the Applicant in Sr. No. 1075.
None present in other matters.
CORAM : ABHAY AHUJA, J.
DATE : 8th April 2026
PC:-
1. All these matters have been listed in view of the decision of the Hon'ble Supreme Court in the case of Bhadra International (India) Pvt. Ltd. and Others vs. Airports Authority of India 1 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. Since in all these matters it has been found by the office of the Digitally signed by NIKITA NIKITA YOGESH Prothonotary & Senior Master of this Court that the appointment of the YOGESH GADGIL GADGIL Date:
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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 Arbitration and Conciliation Act, 1996 (the "said Act") waiving the ineligibility of the sole arbitrator or the right to object under Section 12(5) of the said Act.
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