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Bombay High CourtN/554/2025disposed off

Shriram Transport Finance Co. Limited v. Javed Akhtar Ansari And ANR

2026-02-03Hon'Ble Shri Justice Rajesh S. Patil3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE NO. 554 OF 2025 IN EXECUTION APPLICATION NO. 508 OF 2022 ANAND SUDHAKAR SUDAME Shriram Transport Finance Co. Ltd.

..Claimant

Versus

Javed Akhtar Ansari & anr.

..Respondents by ANAND SUDHAKAR SUDAME Date: 2026.02.04 18:54:08 +0530 WITH NOTICE NO. 604 OF 2025 IN EXECUTION APPLICATION NO. 539 OF 2022 Axis Bank (formerly known as UTI Bank Ltd.) ..Claimant

Versus

Ghulam Mohamed Shaifee ..Respondent WITH NOTICE NO. 632 OF 2025 IN EXECUTION APPLICATION NO. 509 OF 2022 Shriram Transport Finance Co. Ltd.

..Claimant

Versus

Mohammed Faisal Nisar Qureshi & anr.

..Respondents Mr. Narayan Awate, Advocate, for the Claimants CORAM : RAJESH S. PATIL, J.

DATE : 03.02.2026

P. C.

1) Mr. Awate, learned counsel appearing for the claimants submits that the execution proceedings arise out of an Arbitral Award, where the Arbitrator's appointment was unilateral. Hence, he on instructions of his clients 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.

3.1) The Arbitral Awards which are subject matters of the present proceedings are hereby declared to be non-est in law, non-executable and void-ab-initio.

4) Execution Application along with Notice stand disposed of as withdrawn.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.)