Bombay High CourtN/286/2025withdrawn

Hdb Financial Services Limited v. Furkan Ali Shaikh And ANR

2026-02-06Hon'Ble Shri Justice Rajesh S. Patil2 pages

40. N 286-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE NO. 286 OF 2025 IN EXECUTION APPLICATION NO. 122 OF 2022 ANAND SUDHAKAR SUDAME HDB Financial Services Limited ..Claimant

Versus

Furkan Ali Shaikh & anr.

..Respondents ANAND SUDHAKAR SUDAME Date: 2026.02.09 13:39:40 +0530 Mr. Shariq Shaikh i/b. SG Legal and Associates, Advocate, for the Claimant CORAM : RAJESH S. PATIL, J.

DATE : 06.02.2026 P. C.

1) Mr. Shaikh, learned counsel appearing for the claimant submits that the execution proceedings arise out of an Arbitral Award, where the Arbitrator's appointment was unilateral. Hence, he on instructions of his client seeks leave to withdraw the present execution application, with liberty to initiate fresh arbitration proceedings. 2) 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

40. N 286-2025.doc execution, an arbitral award can be set aside being void-ab-initio on the grounds that the appointment of the arbitrator was unilateral. 3) Leave and liberty as prayed for, is granted.

3.1) The Arbitral Award dated 23.09.2019 which is subject matter of the present proceedings is hereby declared to be non-est in law, nonexecutable and void-ab-initio. 4) Execution Application along with Notice stands disposed of as withdrawn.

5) In sequel, the Interim Applications, if any, also stand disposed of. 6) It shall be open for the parties to initiate fresh arbitration proceedings in accordance with law.

7) 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