Shriram City Union Finance Ltd. v. Manoj Ashok Mane And 2 ORS

2026:BHC-OS:6719 Diksha Rane 27 EXA 1367 2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION 27 EXA/1367/2018 WITH N/607/2025 IN EXA/1367/2018 SHRIRAM CITY UNION FINANCE LTD.

VS MANOJ ASHOK MANE AND 2 ORS ------------ None present.

------------ CORAM :

RAJESH S. PATIL, J.

DATE :

16 MARCH 2026.

P.C. :

1) None appears for the applicant when the matter is called out.

2) From the proceedings, it can be gathered that the appointment of the sole arbitrator was unilateral. 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

Diksha Rane 27 EXA 1367 2018.doc 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.

4) In view of the aforesaid judgment, the arbitral award in the present proceeding passed by the sole arbitrator is hereby declared to be non-est in law, non-executable and void-ab-initio. 5) Execution Application stands dismissed.

6) In sequel, the Notice 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: 17/03/2026 15:51:57