Hdb Financial Services Ltd. v. Prem Raviraj Choudhary
KVM 1/2 20, 29, 30 - N 338 OF 2025.doc
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/338/2025 IN EXA/326/2022 HDB FINANCIAL SERVICES LTD.
VS BALAJI GENERAL STORES AND 2 ORS.
N/593/2025 IN EXA/1261/2022 HDB FINANCIAL SERVICES LTD.
VS PREM RAVIRAJ CHOUDHARY N/594/2025 IN EXA/1262/2022 HDB FINANCIAL SERVICES LTD.
VS MUKESH AMRITLAL JAIN Mr. Shariq Shaikh i/by SG Legal & Associates for the Applicant/Claimant.
CORAM : RAJESH S. PATIL, J.
DATE : 12th FEBRUARY, 2026 P.C. :- 1) Learned counsel appearing for the applicant submits that, as the ARC has taken over the loan, he does not have any instructions in the present proceedings.
2) From the proceedings, it can be gathered that the learned arbitrators were appointed unilaterally by the claimants.
KVM 2/2 20, 29, 30 - N 338 OF 2025.doc 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 present proceedings passed by the learned arbitrators are hereby declared to be non-est in law, non-executable and void-ab-initio. 5) Execution Applications stand dismissed.
6) In sequel, Notices & 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.)