Shriram City Union Finance Ltd., v. Chandrakant G Velonde
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE NO. 559 OF 2025 IN EXECUTION APPLICATION NO. 1252 OF 2022 ANAND SUDHAKAR SUDAME Shriram City Union Finance Ltd.
..Claimant
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Chandrakant D. Velonde ..Respondent WITH NOTICE NO. 561 OF 2025 by ANAND SUDHAKAR SUDAME Date:
2026.02.04 19:02:03 +0530 IN EXECUTION APPLICATION NO. 1256 OF 2022 Shriram City Union Finance Ltd.
..Claimant
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Santosh Dilip Shinde & anr.
..Respondents WITH NOTICE NO. 562 OF 2025 IN EXECUTION APPLICATION NO. 1254 OF 2022 Shriram City Union Finance Ltd.
..Claimant
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Sumedh Adinath Hirve & anr.
..Respondents WITH NOTICE NO. 564 OF 2025 IN EXECUTION APPLICATION NO. 1255 OF 2022 Shriram City Union Finance Ltd.
..Claimant
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Sakpal Vijay Jalindar ..Respondent WITH NOTICE NO. 643 OF 2025 IN EXECUTION APPLICATION NO. 1441 OF 2022 Shriram City Union Finance Ltd.
..Claimant
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Shoukatali Akbarali Khan ..Respondent Mr. Mohan Raut i/b. Mr. Vishal Narkar, Advocates, for the Applicant CORAM : RAJESH S. PATIL, J.
DATE : 03.02.2026 P. C.
1) Mr. Raut, learned counsel appearing for the claimant submits that the execution proceedings arise out of an Arbitral Award, where the Arbitrator's 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.
3.1) The Arbitral Awards which are subject matter 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.)