Shriram City Union Finance Ltd., v. Vikas Sashikant Gaikwad
2026:BHC-OS:3217 Diksha Rane 91, 92 &93 N 6422025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION 91 N/642/2025 In EXA/1437/2022 SHRIRAM CITY UNION FINANCE LTD., VS VIKAS SASHIKANT GAIKWAD WITH 92 N/655/2025 In EXA/1440/2022 SHRIRAM CITY UNION FINANCE LTD.
VS VIJAY NARAYAN KAHAR WITH 93 N/666/2025 In EXA/1439/2022 SHRIRAM CITY UNION FINANCE LTD.
VS ZAKI NAZIR KHAN ------------ None present.
------------ CORAM :
RAJESH S. PATIL, J.
DATE :
2 FEBRUARY 2026.
P.C. :
1) These Notices are filed under the provisions of Order XXI, Rule 22 of the Code of Civil Procedure, in the year 2025.
Diksha Rane 91, 92 &93 N 6422025.doc 2) None appears for the Applicant when the matter is called out.
3) From the proceedings, it can be gathered that the appointment of the sole arbitrator was unilateral. 4) 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.
5) In view of the aforesaid judgment, the arbitral awards in the present proceedings passed by the sole arbitrator is hereby declared to be non-est in law, non-executable and void-ab-initio. 6) Execution Applications stand dismissed.
7) In sequel, the Notices and the Interim Applications, if any, also stand disposed of.
8) It shall be open for the parties to initiate fresh arbitration proceedings in accordance with law.
Diksha Rane 91, 92 &93 N 6422025.doc 9) 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: 03/02/2026 19:33:13