Bombay High Court
SHRIRAM TRANSPORT FINANCE COMPANY LTD.versusMOHD. ABID NASEEM QURESHI (PROP. ISA TOURS TRAVELS) AND ANR.
- Decided
- Disposal
- DISPOSED OFF
- Bench
- RAJESH S PATIL
Holding
The arbitral award dated 28 January 2022 is declared void ab initio and non‑executable.
Summary
The applicant, Shriram Transport Finance Co. Ltd., filed an execution application based on an arbitral award dated 28 January 2022. The award was challenged on the ground that the arbitrator had been appointed unilaterally, rendering the award void ab initio. Relying on the Supreme Court’s decision in Bhadra International (India) Pvt. Ltd. v. Airport Authority of India and the earlier judgment in L&T Finance Ltd. v. Sangeeta Bhansali, the court held that an award can be set aside even at the execution stage for such a defect. Consequently, the court declared the award non‑existent in law, ordered the execution application to be withdrawn, and allowed the parties to initiate fresh arbitration proceedings, excluding the time spent in the earlier arbitration from the limitation period.
Issues considered
- Whether an arbitral award can be set aside at the execution stage on the ground of unilateral appointment of the arbitrator.
- Whether the award dated 28 January 2022 is void ab initio and therefore non‑executable.
Subjects
- arbitration
- arbitral award
- void ab initio
- unilateral appointment
- execution
- limitation period
- fresh arbitration
Judgment
KVM
1/2
45 - EXA 1195 OF 2022.doc
Digitally
signed by IN THE HIGH COURT OF JUDICATURE AT BOMBAY
KANCHAN
KANCHAN VINOD
VINOD MAYEKAR
MAYEKAR Date: ORDINARY ORIGINAL CIVIL JURISDICTION
2026.01.22
11:17:59
+0530
EXECUTION APPLICATION NO. 1195/2022
SHRIRAM TRANSPORT FINANCE
COMPANY LTD. ….. APPLICANT
VERSUS
MOHD. ABID NASEEM QURESHI
(PROP. ISA TOURS TRAVELS) AND
ANR. ….. RESPONDENTS
Adv. Neelkanth D. Gadge i/b. Adv. Narayan Awate for the Applicant.
None for the Respondents.
CORAM : RAJESH S. PATIL, J.
DATE : 17 JANUARY, 2026
P.C. :-
1) Mr. Gadge, 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
KVM
2/2
45 - EXA 1195 OF 2022.doc
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 28 January, 2022 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 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.)
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.