OCD-13 ORDER SHEET IN THE HIGH COURT AT CALCUTTA COMMERCIAL DIVISION ORIGINAL SIDE IA NO. GA-COM/2/2026 In EC-COM/488/2024 M/S CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LTD Vs AZIM SEKH AND ANR BEFORE: The Hon’ble JUSTICE GAURANG KANTH Date : 8th October, 2026. Appearance: Mr. Ranjit Singh, Adv. Ms. Tutul Das, Adv. Mr. Amar Singh, Adv. Ms. Subharchita Mukherjee, Adv. Ms. Shweta Bali, Adv. …for the award-holder IA No. GA-COM/2/2026 The Court: The award-holder has filed the present application for restoration of GA-COM/1/2026 in EC-COM/488/2024 which was dismissed for default vide order dated 14th May, 2026. After hearing learned Counsel for the award-holder and for the reasons stated in the application, the same is allowed. GA-COM/1/2026 in EC-COM/488/2024 is restored to its original position. GA-COM/2/2026 is disposed of. 2 EC-COM/488/2024 The present execution petition has been filed by award-holder for execution of an award dated 28th February, 2022 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of the same, the present execution petition along with the connected application being GA-COM/1/2026 are dismissed as withdrawn, with liberty reserved in favour of the award-holder to initiate fresh arbitral proceedings before a duly and validly constituted Arbitral Tribunal, appointed in accordance with law. (GAURANG KANTH, J.) R.Bhar