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Bombay High Court

INTEGRO FINSERV PRIVATE LIMITEDversusINDIRASEN RAMKRISHNA GUPTA (BORROWER) AND LOVEKUMAR B. VARMA (GUARANTOR)

Decided
Disposal
DISPOSED OFF

Holding

The arbitral award dated 13 October 2016 is declared non‑est in law, non‑executable and void‑ab‑initio.

Summary

The applicant sought to withdraw an execution proceeding that was based on an arbitral award dated 13 October 2016, arguing that the arbitrator had been appointed unilaterally. The court, relying on its earlier decision in L&T Finance Ltd. v. Sangeeta Bhansali and the Supreme Court’s recent ruling in Bhadra International (India) Pvt. Ltd. v. Airport Authority of India, held that an award can be set aside as void‑ab‑initio if the arbitrator’s appointment was unilateral. Consequently, the award was declared non‑existent in law and non‑executable. The execution application and related interim applications were ordered withdrawn. The court granted leave for the parties to initiate fresh arbitration proceedings and excluded the period already spent in arbitration from the limitation clock for any new proceedings.

Issues considered

  • Whether an arbitral award is enforceable when the arbitrator was appointed unilaterally.
  • Whether execution of such an award can proceed.
  • Effect of the arbitral proceedings on the limitation period for initiating fresh arbitration.

Subjects

  • arbitration
  • arbitral award
  • unilateral appointment
  • void ab initio
  • execution proceedings
  • limitation period
  • fresh arbitration

Judgment

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KANCHAN
          Digitally signed
          by KANCHAN
          VINOD
                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
VINOD     MAYEKAR
MAYEKAR   Date:
          2026.01.28
          09:50:24 +0530                  ORDINARY ORIGINAL CIVIL JURISDICTION
                                             CHAMBER SUMMONS NO. 722/2017
                                                           IN
                                           EXECUTION APPLICATION NO. 646/2018

                             INTEGRO FINSERV PRIVATE LIMITED            ….. APPLICANT

                             IN THE MATTER BETWEEN

                             INTEGRO FINSERV PRIVATE LIMITED            ….. ORG. CLAIMANT/
                                                                        DECREE HOLDER
                                   VERSUS

                             INDIRASEN RAMKRISHNA GUPTA
                             (BORROWER) AND
                             LOVEKUMAR B. VARMA (GUARANTOR)             ….. RESPONDENTS

                                                       ALONGWITH
                                            INTERIM APPLICATION NO. 1864/2019
                                                           IN
                                           EXECUTION APPLICATION NO. 646/2018

                             CFM ASSET RECONSTRUCTION PRIVATE
                             LIMITED                          ….. APPLICANT

                             IN THE MATTER BETWEEN

                             L & T FINANCE LIMITED                      ….. ORG. CLAIMANT/
                                                                        DECREE HOLDER
                                   VERSUS

                             INDIRASEN RAMKRISHNA GUPTA
                             (BORROWER) AND
                                LOVEKUMAR B. VARMA (GUARANTOR)             ….. RESPONDENTS
                             Adv. Gaurav Jain i/b. DS Law for the Applicant.
                                                           CORAM : RAJESH S. PATIL, J.

                                                            DATE    : 23 JANUARY, 2026
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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 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 dated 13 October, 2016 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 alongwith Chamber Summons
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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.)


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