Bombay High CourtN/289/2025disposed off

Hdb Financial Service Limited v. Raju Kishan Darade

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

42. N 289-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE NO. 289 OF 2025 IN EXECUTION APPLICATION NO. 146 OF 2022 ANAND SUDHAKAR SUDAME HDB Financial Services Limited ..Claimant

Versus

Raju Kishan Darade ..Respondent by ANAND SUDHAKAR SUDAME Date: 2026.02.09 17:53:00 +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

42. N 289-2025.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 28.10.2017 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be non-est in law, nonexecutable and void-ab-initio. 4) Execution Application along with Notice stands disposed of as withdrawn.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