OCD-147 ORDER SHEET IN THE HIGH COURT AT CALCUTTA COMMERCIAL DIVISION ORIGINAL SIDE EC/285/2023 KOTAK MAHINDRA BANK LTD. VS JAFAR SHEKH AND ANR. BEFORE: The Hon’ble JUSTICE GAURANG KANTH Date : 27th August, 2026. Appearance: Ms. Shrayashee Das, Adv. Mr. Tridibesh Dasgupta, Adv. Mr. Subhradip Bhattacharyya, Adv. ..for the award-holder Md. Khairul, Adv. Mr. Aman Baid, Adv. Sk. Shabibunullah, Adv. …for the award-debtors The Court: The present execution petition has been filed by award- holder for execution of an Award dated 31st March, 2021. 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. 2 In view of the same, the present execution petition stands dismissed being not maintainable. However, liberty is granted to the award-holder to initiate fresh arbitral proceedings before a validly constituted Arbitral Tribunal appointed in accordance with law. (GAURANG KANTH, J.) bp.