OCD- 158 ORDER SHEET IN THE HIGH COURT AT CALCUTTA COMMERCIAL DIVISION ORIGINAL SIDE EC-COM/274/2025 CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LIMITED VS GOLAM MEHEBUB SK AND ANR. BEFORE: The Hon’ble JUSTICE GAURANG KANTH Date : 27th August, 2026. Appearance: Ms. Shrayashee Das, Adv. Mr. Tridibesh Dasgupta, Adv. Mr. S. Bhattacharyya, Adv. …for award-holder. The Court: - The present execution petition has been filed by award- holder for execution of an Award dated 31st January, 2023. 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 2 initiate fresh arbitral proceedings before a validly constituted Arbitral Tribunal appointed in accordance with law. (GAURANG KANTH, J.) R. D. Barua