OD-46 ORDER SHEET IN THE HIGH COURT AT CALCUTTA ORIGINAL SIDE EC/216/2020 TATA CAPITAL LTD VS GI INTERNATIONAL PVT LTD. AND ORS BEFORE: The Hon’ble JUSTICE GAURANG KANTH Date : 18th August, 2026. Appearance: Mr. Avishek Guha, Adv. Mr. Ankush Majumdar, Adv. …for the award-holder The Court: The present execution petition has been filed by award- holder for execution of an award dated 15th February, 2020 which is a unilateral award. Learned Counsel for the award-holder seeks permission to withdraw the present execution petition with liberty to file appropriate proceedings in accordance with law. 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 and is incapable of execution. In view of the same, the present execution petition is dismissed as withdrawn, with liberty reserved in favour of the award-holder to initiate 2 fresh arbitral proceedings before a duly and validly constituted Arbitral Tribunal, appointed in accordance with law. (GAURANG KANTH, J.) R.Bhar