Hdb Financial Services Ltd. v. Oscar Yadav
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE NO. 282 OF 2025 IN EXECUTION APPLICATION NO. 149 OF 2022 ANAND SUDHAKAR SUDAME HDB Financial Services Ltd.
..Applicant
Versus
Oscar Yadav ..Respondent by ANAND SUDHAKAR SUDAME Date:
2026.02.04 18:52:24 +0530 WITH NOTICE NO. 330 OF 2025 IN EXECUTION APPLICATION NO. 395 OF 2022 HDB Financial Services Ltd.
..Applicant
Versus
Green Apple Design Pvt. Ltd. & ors.
..Respondents WITH NOTICE NO. 332 OF 2025 IN EXECUTION APPLICATION NO. 394 OF 2022 HDB Financial Services Ltd.
..Applicant
Versus
K. D. Super Market & anr.
..Respondents WITH NOTICE NO. 335 OF 2022 IN EXECUTION APPLICATION NO. 341 OF 2022
HDB Financial Services Ltd.
..Applicant
Versus
Ganesh Suppliers & ors.
..Respondents WITH NOTICE NO. 339 OF 2025 IN EXECUTION APPLICATION NO. 357 OF 2022 HDB Financial Services Ltd.
..Applicant
Versus
Deepak Kailash Singh & anr.
..Respondents WITH NOTICE NO. 340 OF 2025 IN EXECUTION APPLICATION NO. 397 OF 2022 HDB Financial Services Ltd.
..Applicant
Versus
Rudraksh Telecom & ors.
..Respondents WITH NOTICE NO. 401 OF 2025 IN EXECUTION APPLICATION NO. 772 OF 2022 HDB Financial Services Ltd.
..Applicant
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Suendra Singh & anr.
..Respondents None present
CORAM : RAJESH S. PATIL, J.
DATE : 03.02.2026 P. C.
1) None appears for the applicant when the matter is called out. 2) From the proceedings, it can be gathered that the appointment of the sole arbitrator was unilateral.
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 execution, an arbitral award can be set aside being void-ab-initio on the grounds that the appointment of the arbitrator was unilateral. 4) In view of the aforesaid judgment, the arbitral awards in the present proceeding passed by the sole arbitrator are 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.)