Calcutta High Court
EC/24/2026 of M/S. CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LIMITED Vs JAYNAL ALI MOLLA AND ANR on 1 September 2026
26 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE EC/24/2026 M/S. CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LIMITED VS JAYNAL ALI MOLLA AND ANR BEFORE HON'BLE JUSTICE GAURANG KANTH Date: September 01, 2026. Appearance:- Mr. Sohom Sen, Adv. Mr. Ranjit Singh,
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ORDER
OD – 26 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE EC/24/2026 M/S. CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LIMITED VS JAYNAL ALI MOLLA AND ANR
BEFORE HON'BLE JUSTICE GAURANG KANTH Date: September 01, 2026.
Appearance:- Mr. Sohom Sen, Adv. Mr. Ranjit Singh, Adv. Ms. Tutul Das, Adv. Mr. Amar Singh, Adv. Ms. Subhaschita Mukherjee, Adv. Ms. S. Bali, Adv. …for award-holder.
The Court:- The present execution petition has been filed by award-holder for execution of an Award dated 7th April 2025. The Award has been passed by a Sole Arbitrator who has been unilaterally appointed by the award-holder. In view of the decision rendered by the Hon’ble Supreme Court in Bhadra International (India) Pvt. Ltd. & Ors. v. Airports Authority of India reported as 2026 SCC OnLine SC 7 as well as the judgment dated 14.05.2026 passed by this Court in EC-COM-334 of 2026, the present award is a non-est award in the eyes of law. Thus, the present execution petition is not maintainable. In view of the same, the present execution petition stands dismissed being not maintainable. However, liberty is granted to the award-holder to
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initiate fresh arbitral proceedings before a validly constituted Arbitral Tribunal appointed in accordance with law.
(GAURANG KANTH, J.) R. D. Barua