Hdfc Bank Ltd. v. Rameshkumar L Suthar

56 & 57. N 909-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE NO. 909 OF 2025 IN EXECUTION APPLICATION NO. 2214 OF 2022 HDFC Bank Limited ..Claimant

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ANAND SUDHAKAR SUDAME Ramehkumar L. Suthar ..Respondent WITH NOTICE NO. 910 OF 2025 by ANAND SUDHAKAR SUDAME Date: 2026.02.09 13:37:06 +0530 IN EXECUTION APPLICATION NO. 2212 OF 2022 HDFC Bank Limited ..Claimant

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Kashinath Banpate & anr.

..Respondents Ms. Bijal Gogri i/b. O M Gujar Law Chambers, Advocate, for the Claimant CORAM : RAJESH S. PATIL, J.

DATE : 06.02.2026 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 applications, with liberty to initiate fresh arbitration proceedings. Anand

56 & 57. N 909-2025.doc 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 are subject matters of the present proceedings are hereby declared to be non-est in law, non-executable and void-ab-initio.

4) Execution Application along with Notice stand disposed of as withdrawn.

5) In sequel, 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.) Anand