Hdfc Bank Ltd. v. Pereira Kilroy

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION 77 N/668/2025 In EXA/2014/2022 HDFC BANK LTD VS SHAIKH SABIYA MOHD ASLAM WITH 78 N/669/2025 In EXA/1726/2022 HDFC BANK LTD.

VS RAVINDRA KALE WITH 79 N/672/2025 In EXA/1725/2022 HDFC BANK LTD.

VS KUMAR DEVRAJ DEVENDRA AND ANR.

WITH 80 N/673/2025 In EXA/1729/2022 HDFC BANK LTD.

VS PEREIRA KILROY Ms. Bijal Gogri i/by M/s. O M Gujar Law Chambers, Advocate for the Applicant.

2/3 CORAM : RAJESH S. PATIL, J.

DATE : 5th FEBRUARY, 2026 P.C. :- 1) Ms. Gogri, 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, she on instructions of her client seeks leave to withdraw the present execution application, 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 is subject matter of the present proceedings are hereby declared to be non-est in law, non-executable

3/3 and void-ab-initio.

4) Execution Applications stands disposed of as withdrawn. 5) In sequel, Notices & the Interim Applications, if any, also stand disposed of.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.)