Authority: Calcutta High Court, Commercial Division
Order Date: 7 August 2026
Case Overview
- Parties: Srei Equipment Finance Limited (award holder) versus Jawaid Hussain (respondent).
- Counsel for the award holder: Mr. Avishek Guha and Mr. Ankush Majumdar.
- The award holder filed an execution petition seeking to enforce an arbitral award.
- The award was rendered by a sole arbitrator who had been unilaterally appointed, raising questions of validity.
- The Court referred to its earlier judgment dated 14 May 2026 in EC‑COM 334/2026, which held that such an award is non est and cannot be executed.
- Based on the submission and the precedent, the Court concluded that the award cannot be executed.
Final Outcome
- The execution petition is dismissed as withdrawn.
- The award holder is granted liberty to initiate fresh arbitral proceedings before a duly and validly constituted Arbitral Tribunal appointed in accordance with law.
Topics: Arbitration, Execution of Award