Hdb Financial Services Ltd. v. Bhushan Prasad Mani And ANR

2026:BHC-OS:3191 Diksha Rane 79 N 284 2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION 79 N/284/2025 In EXA/163/2022 HDB FINANCIAL SERVICES LTD.

VS BHUSHAN PRASAD MANI AND ANR ------------ Adv. Suraj Gupta i/b. M/s. S G Legal Associates for the applicant. ------------ CORAM :

RAJESH S. PATIL, J.

DATE :

2 FEBRUARY 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 execution, an arbitral award can be set aside

Diksha Rane 79 N 284 2025.doc 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 passed by the learned arbitrator is hereby declared to be non-est in law, non-executable and void-ab-initio. 5) Execution Application stands dismissed.

6) In sequel, the Notice and 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.) Signed by: Diksha Rane Designation: PS To Honourable Judge Date: 03/02/2026 18:44:35