Shriram Transport Finance Company Limited. v. Iliyas Idris Qureshi (Borrower) And ANR.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally signed by KANCHAN VINOD MAYEKAR Date:
2026.02.13 18:08:25 +0530 KANCHAN VINOD MAYEKAR ORDINARY ORIGINAL CIVIL JURISDICTION N/373/2025 IN EXA/834/2022 SHRIRAM TRANSPORT FINANCE COMPANY LIMITED.
VS ILIYAS IDRIS QURESHI (BORROWER) AND ANR.
N/528/2025 IN EXA/988/2022 SHRIRAM CITY UNION FINANCE LTD.
VS SUDARSHAN SADASHIV BORADE SINGH & ANR N/530/2025 IN EXA/989/2022 SHRIRAM CITY UNION FINANCE LTD.
VS SABHAJEET BEEPAT YADAV (BORROWER) & ANR N/531/2025 IN EXA/986/2022 SHRIRAM CITY UNION FINANCE LTD.
VS SACHIN NAMDEV GAIKWAD (BORROWER) & ANR N/532/2025 IN EXA/985/2022 SHRIRAM CITY UNION FINANCE LTD.
VS PARAMJEET MAKHAN SINGH & ANR N/629/2025 IN
2/3 EXA/563/2022 SHRIRAM CITY UNION FINANCE LTD VS JAGADISH SHANKAR ADHAV Mr. Vishal V. Narkar for the Applicant/Claimant. CORAM : RAJESH S. PATIL, J.
DATE : 12th FEBRUARY, 2026 P.C. :- 1) Learned counsel appearing for the claimant submits that the execution proceedings arise out of an Arbitral Awards, where the Arbitrators' appointment was unilateral. Hence, he on instructions of his client seeks leave to withdraw the present execution applications, 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 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.
3/3 3.1) The Arbitral Awards which are subject matter of the present proceedings are hereby declared to be non-est in law, nonexecutable and void-ab-initio. 4) Execution Applications stand disposed of as withdrawn. 5) In sequel, the Notices & Interim Applications, if any, also stand disposed of.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.)