Tirtha Securities Pvt.Ltd v. Shradha Bakliwal
75. N 680-2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE NO. 680 OF 2025 IN EXECUTION APPLICATION NO. 1752 OF 2022 Tirtha Securities Pvt. Ltd.
..Claimant
Versus
Shradha Bakliwal ..Respondent Digitally signed by ANAND SUDHAKAR SUDAME Date:
2026.06.16 19:08:00 +0530 Mr. Anant R. Bamne i/b. M/s. A. R. Bamne & Co., Advocate, for the Claimant ANAND SUDHAKAR SUDAME CORAM : RAJESH S. PATIL, J.
DATE : 08.06.2026 P. C.
1) Mr. Bamne on behalf of the Claimant submitted that the Respondent has participated in the arbitration proceedings. Hence, Supreme Court Judgment in Bhadra International (India) Pvt. Ltd. and others vs. Airport Authority of India, Civil Appeal No. 37-38 of 2026 is not applicable in the present proceedings.
2) None appears for the Respondent 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. Anand
75. N 680-2025.doc 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 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. 6) The Execution Application stands dismissed.
7) In sequel, the Interim Applications/Notice, if any, also stand disposed of.
8) It shall be open for the parties to initiate fresh arbitration proceedings in accordance with law.
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.) Anand