Sbi Cards And Payments Services Ltd. v. Umakant Shukla

2026:BHC-OS:3212 Diksha Rane 85 N 366 2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION 85 N/366/2025 In EXA/312/2022 SBI CARDS AND PAYMENTS SERVICES LTD.

VS UMAKANT SHUKLA ------------ None present.

------------ CORAM :

RAJESH S. PATIL, J.

DATE :

2 FEBRUARY 2026.

P.C. :

1) This Notice is filed under the provisions of Order XXI, Rule 22 of the Code of Civil Procedure, in the year 2025. 2) None appears for the Applicant when the matter is called out.

3) From the proceedings, it can be gathered that the appointment of the sole arbitrator was unilateral. 4) 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

Diksha Rane 85 N 366 2025.doc 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.

5) In view of the aforesaid judgment, the arbitral award in the present proceeding passed by the sole arbitrator is hereby declared to be non-est in law, non-executable and void-ab-initio. 6) Execution Application stands dismissed.

7) In sequel, the Notice and the Interim Applications, if any, also stand disposed of.

8) It shall be open for the parties to initiate fresh arbitration proceedings in accordance with law.

9) 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 19:25:01