Hdb Financial Services Limited v. Cosmo Enterprise And ANR

39. N 280-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE NO. 280 OF 2025 IN EXECUTION APPLICATION NO. 148 OF 2022 ANAND SUDHAKAR SUDAME HDB Financial Services Limited ..Applicant

Versus

Cosmo Enterprise & anr.

..Respondents by ANAND SUDHAKAR SUDAME Date: 2026.02.09 13:38:18 +0530 Mr. Shariq Shaikh i/b. SG Legal and Associates, Advocate, for the Applicant CORAM : RAJESH S. PATIL, J.

DATE : 06.02.2026 P. C.

1) Learned counsel appearing for the applicant submits that he does not have any instructions in the present proceedings. 2) From the proceedings, it can be gathered that the learned arbitrator was appointed unilaterally by the claimants. 3) I have taken a view in the judgment of L & T Finance Ltd. vs. Sangeeta Bhansali & Anr. in Commercial Execution Application (L) No. 5277 of 2022, considering the latest judgment of the Supreme Court decided on 5 January, 2026, in the matter of Bhadra International (India) Pvt. Ltd. and others vs. Airport Authority of India, Civil Appeal No. 37-38 of 2026, wherein it has been held that even at the stage of Anand

39. N 280-2025.doc execution, an arbitral award can be set aside being void-ab-initio on the ground that the appointment of the arbitrator was unilateral. 4) In view of the aforesaid judgment, the award in the present proceedings dated 04.06.2018 passed by the learned arbitrator is hereby declared to be non-est in law, non-executable and void-ab-initio. 5) Execution Application along with Notice stand dismissed. 6) In sequel, the Interim Applications, if any, also stand disposed of. 7) It shall be open for the parties to initiate fresh arbitration proceedings in accordance with law.

8) As far as limitation is concerned, the period from the invocation of the arbitration till today shall stand excluded for the purpose of initiating fresh arbitration proceedings.

(RAJESH S. PATIL, J.) Anand