Axis Bank (Formerly Known As Uti Bank Ltd.) v. Bhimappa Shyam Vasmani(Judgement Debtor/Resp. No.1)

37,39,41,45,48,49,50 & 51.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION SERIAL NOS. 37, 39, 41, 45, 48, 49, 50 & 51 Ms. Bijal Gogri i/b. O M Gujar Law Chambers, Advocate for Applicant. None for Respondent.

CORAM

:

ABHAY AHUJA, J.

DATE :

5th May 2026 P.C. :

1.

Ms. Gogri, learned Counsel appears for the Applicant and submits that in all these matters the appointment of the sole arbitrator has been unilateral and covered by the decision of the Hon'ble Supreme Court, in the case of Bhadra International (India) Pvt. Ltd. and Others vs. Airports Authority of India1 where the Hon'ble Supreme Court has observed that unilateral appointment of arbitrator is void ab initio and the ineligibility can be raised at any stage and even in execution. 2.

Accordingly, the respective arbitral awards stand set aside and the Commercial Execution Applications/Execution Applications and the connected Interim Applications, if any, to accordingly stand dismissed/disposed.

2026 SCC Online SC 7 Mandar M. 1/2

37,39,41,45,48,49,50 & 51.doc 3.

It would be open to the parties to initiate fresh arbitration proceedings in accordance with law.

4.

As far as limitation is concerned, the period from the invocation of the arbitration till today be excluded in initiating fresh arbitration proceedings.

(ABHAY AHUJA, J.) Mandar M. 2/2