Shriram Transport Finance Co.Ltd v. Abdul Bashir Attar And ANR
026:BHC-OS:1 Diksha Rane 17, 18,20, 21, 23, 24 EXA 1579 2022 & ORS..doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION 17 EXA/1579/2022 WITH IA/2446/2023 IN EXA/1579/2022 AU SMALL FINANCE BANK LTD.
..APPLICANT VS MAYANK TOURS AND TRAVELS AND 2 ORS ..RESPONDENTS WITH 18 EXA/1795/2022 IN IA/2724/2023 IN EXA/1795/2022 AU SMALL FINANCE BANK LTD.
..APPLICANT VS PANDURANG DHONDIRAM KHARAT AND ANR. ..RESPONDENTS WITH 20 EXA/2292/2022 WITH N/720/2025 IN EXA/2292/2022 SHRIRAM TRANSPORT FINANCE CO. LTD.
..APPLICANT VS ABDUL BASHIR ATTAR AND ANR ..RESPONDENTS WITH 21 EXA/2301/2022 WITH IA/4936/2022 IN EXA/2301/2022 APHELION FINANCE PRIVATE LIMITED ..APPLICANT VS DHANIRAM RAMAYAN DUBEY ..RESPONDENT
Diksha Rane 17, 18,20, 21, 23, 24 EXA 1579 2022 & ORS..doc WITH 23 EXA/2462/2022 WITH IA/4919/2022 IN EXA/2462/2022 APHELION FINANCE PVT.LTD.
..APPLICANT VS ROSHAN VASANT BHOJANE AND 2 ORS.
..RESPONDENTS WITH 24 EXA/2463/2022 WITH IA/4918/2022 IN EXA/2463/2022 APHELION FINANCE PVT. LTD.
..APPLICANT VS PRAVIN BABURAO NAIK ..RESPONDENT ------------ None present.
------------ CORAM :
RAJESH S. PATIL, J.
DATE :
10 APRIL 2026.
P.C. :
1) None appears for the applicants, when these matters are 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
Diksha Rane 17, 18,20, 21, 23, 24 EXA 1579 2022 & ORS..doc 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.
4) 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. 5) Execution Applications stand dismissed.
6) In sequel, 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: 10/04/2026 19:38:04