India Infoline Finance Limited v. Rajesh Balchandra Koli (Borrower) And 2 ORS.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally signed by KANCHAN VINOD MAYEKAR Date:
2026.02.13 18:08:14 +0530 KANCHAN VINOD MAYEKAR ORDINARY ORIGINAL CIVIL JURISDICTION N/372/2025 IN EXA/833/2022 SHRIRAM TRANSPORT FINANCE COMPANY LIMITED.
VS HAKIMALI WAHIDALI SHAH (BORROWER) & ANR.
N/542/2025 IN EXA/822/2022 SBI CARDS AND PAYMENTS SERVICES PVT. LTD VS H SAWGHNEY N/543/2025 IN EXA/829/2022 SBI CARDS AND PAYMENTS SERVICES PVT LTD VS M H HINGORA N/658/2025 IN EXA/676/2022 INDIA INFOLINE FINANCE LIMITED VS RAJESH BALCHANDRA KOLI (BORROWER) & 2 ORS.
N/659/2025 IN EXA/738/2022 INDIA INFOLINE FINANCE LIMITED VS AFTAB ALAM MOHAMMAD YUNUS & ANR
2/3 N/689/2025 IN EXA/983/2022 SBI CARDS AND PAYMENT SERVICES LTD.
VS NITIN R. PAWAR None for the Applicants.
None for the Respondents.
CORAM : RAJESH S. PATIL, J.
DATE : 12th FEBRUARY, 2026 P.C. :- 1) None appears for the applicants when the matters are called out.
2) From the proceedings, it can be gathered that the appointment of the sole arbitrators 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 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
3/3 arbitrator was unilateral.
4) In view of the aforesaid judgment, the arbitral awards in the present proceedings passed by the sole arbitrators are hereby declared to be non-est in law, non-executable and void-ab-initio. 5) Execution Applications stand dismissed.
6) In sequel, the Notices & 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.)