Hdb Financial Service Limited v. K. K. Luggage And 2 ORS.
2026:BHC-OS:4381 Diksha Rane 26 TO 30 N 393 2025 & ORS..doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION 26 N/393/2025 In EXA/613/2022 HDB FINANCIAL SERVICES LIMITED VS AJAY ENTERPRISES AND 3 ORS 27 N/394/2025 In EXA/615/2022 HDB FINACIAL SERVICES LTD.
VS ORANGE FAMILY SALOON AND SPA AND 2 ORS.
28 N/397/2025 In EXA/617/2022 HDB FINANCIAL SERVICE LIMITED VS K. K. LUGGAGE AND 2 ORS WITH 29 N/398/2025 In EXA/616/2022 HDB FINANCIAL SERVICES LIMITED VS KRISHNA KALA AND 2 ORS WITH 30 N/399/2025 In EXA/618/2022
Diksha Rane 26 TO 30 N 393 2025 & ORS..doc HDB FINANCIAL SERVICES LTD.
VS S M CARGO SOLUTION PVT. LTD. AND 3 ORS ------------ Adv. Shariq Shaikh i/b. S G Legal and Associates for applicant. ------------ CORAM :
RAJESH S. PATIL, J.
DATE :
13 FEBRUARY 2026.
P.C. :
1) Learned counsel appearing for the applicant submits that he does not have any instructions in the present proceedings. 2) From the proceedings, it can be gathered that the learned arbitrator was appointed unilaterally by the claimants. 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 ground that the appointment of the arbitrator was unilateral.
4) In view of the aforesaid judgment, the awards in the
Diksha Rane 26 TO 30 N 393 2025 & ORS..doc present proceedings passed by the learned arbitrator are hereby declared to be non-est in law, non-executable and void-ab-initio. 5) Execution Applications stand dismissed.
6) In sequel, the Notices and 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.) Signed by: Diksha Rane Designation: PS To Honourable Judge Date: 16/02/2026 21:14:05