Rahul Damu Kamble v. Julie Anthony Vergheses And 2 ORS

2026:BHC-OS:5436 Diksha Rane 35 EXA 430 2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION 35 EXA/430/2018 SHRIRAM CITY UNION FINANCE LTD.

VS JULIE ANTHONY VERGHESES AND 2 ORS WITH N/916/2025 IN EXA/430/2018 RAHUL DAMU KAMBLE VS JULIE ANTHONY VERGHESES AND 2 ORS ------------ Adv. Vishal Narkar for the applicant.

------------ CORAM :

RAJESH S. PATIL, J.

DATE :

27 FEBRUARY 2026.

P.C. :

1) 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, he on instructions of his 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

Diksha Rane 35 EXA 430 2018.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.

3) Leave and liberty as prayed for, is granted.

3.1) The Arbitral Award which is subject matter of the present proceedings is hereby declared to be non-est in law, non-executable and void-ab-initio.

4) Execution Application stands disposed of as withdrawn. 5) In sequel, the Notice and the Interim Applications, if any, also stand disposed of.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.) Signed by: Diksha Rane Designation: PS To Honourable Judge Date: 27/02/2026 18:11:06