Axis Bank Limited v. Mahesh Gopal Vaity/Shivam Enterprises
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE NO. 310 OF 2025 EXECUTION APPLICATION NO. 30 OF 2022 ANAND SUDHAKAR SUDAME Axis Bank Ltd.
ANAND SUDHAKAR SUDAME Date: 2026.02.10 11:15:06 +0530 Mahesh Gopal Vaity/Shivam Enterprises NOTICE NO. 321 OF 2025 EXECUTION APPLICATION NO. 59 OF 2022 Jiteen/Dawar NOTICE NO. 322 OF 2025 EXECUTION APPLICATION NO. 57 OF 2022 Jayant A/ Sawant NOTICE NO. 328 OF 2025 EXECUTION APPLICATION NO. 58 OF 2022
Muralidharan/P NOTICE NO. 377 OF 2025 EXECUTION APPLICATION NO. 56 OF 2022 Prashant V/ Pirale NOTICE NO. 537 OF 2025 EXECUTION APPLICATION NO. 29 OF 2022 Axis Bank Ltd.
Bharati Tuusiram Darvesh NOTICE NO. 538 OF 2025 EXECUTION APPLICATION NO. 36 OF 2022 Axis Bank Ltd.
Sarfasan N. Khan
NOTICE NO. 549 OF 2025 EXECUTION APPLICATION NO. 96 OF 2022 Vinod D. More NOTICE NO. 550 OF 2025 EXECUTION APPLICATION NO. 55 OF 2022 Manoj S. Sodaye None present CORAM : RAJESH S. PATIL, J.
DATE : 06.02.2026 P. C.
1) None appears for the claimants when the matters are 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 proceedings 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.)