Aditya Birla Finance Limited vs Osian Commotrade Private Limited ...
2023 Latest Caselaw 1213 Cal/2

OD 6


                             ORDER SHEET
                              EC/109/2021
                    IN THE HIGH COURT AT CALCUTTA
                  ORDINARY ORIGINAL CIVIL JURISDICTION
                             ORIGINAL SIDE


                     ADITYA BIRLA FINANCE LIMITED
                                  VS
              OSIAN COMMOTRADE PRIVATE LIMITED AND ORS.



  BEFORE:
  The Hon'ble JUSTICE SHEKHAR B. SARAF
  Date: 18th May, 2023.




                                                                         Appearance:
                                                          Mr. Pratip Mukherjee, Adv.
                                                               Mr. Ranjit Singh, Adv.
                                                   Mrs. Pooja Sett Chakraborty, Adv.
                                                                   ...for the petitioner

                                                            Mr. Hareram Singh, Adv.
                                                                Ms. Shilpa Das, Adv.
                                                               ...for the respondents

The Court: Heard counsel appearing on behalf of the parties. It appears

that the execution application arises out of an arbitration award that was passed

by an Arbitrator who was unilaterally appointed by the parties.

Accordingly, keeping in mind the judgment passed by the Hon'ble Supreme

Court in TRF Limited v. Energo Engineering Projects Ltd. reported in (2017) 8 SCC

377 and in Perkins Eastman Architects v. HSCC (India) Limited reported in (2019)

9 SCC Online SC 1517 and a judgment of this Court in Cholamandalam

Investment and Finance Co. Ltd. versus Amrapali Enterprises and Anr in

EC/122/2022, the execution of such an award is impermissible in law as the

arbitration award is a nullity.

In light of the same, the execution application is dismissed.

Since both parties have not agreed for appointment of a new Arbitrator,

this Court leaves the remedy of the disputes in the hands of the parties.

(SHEKHAR B. SARAF, J.) B.Pal