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Bombay High Court

SHRIRAM CITY UNION FINANCE LIMITEDversusJAIN DILIP SAKAL CHAND

Decided
Disposal
WITHDRAWN

Holding

The arbitral award is declared void‑ab‑initio and non‑executable, and the execution application is withdrawn, allowing fresh arbitration proceedings.

Summary

The High Court considered an execution application filed by Shriram City Union Finance Ltd. based on an arbitral award whose arbitrator had been appointed unilaterally. The applicant sought to withdraw the execution proceeding and obtain liberty to commence fresh arbitration. Relying on the precedent in L&T Finance Ltd. v. Sangeeta Bhansali (2022) and the Supreme Court’s decision in Bhadra International (India) Pvt. Ltd. v. Airport Authority of India (2026), the Court held that an award can be set aside as void‑ab‑initio at the execution stage when the appointment is unilateral. Consequently, the award was declared non‑existent and non‑executable, the execution application was withdrawn, and the parties were permitted to start new arbitration proceedings, with the period spent in the earlier arbitration excluded from limitation calculations.

Issues considered

  • Can an arbitral award be set aside as void‑ab‑initio at the execution stage on the ground of unilateral appointment of the arbitrator?
  • Whether the execution application may be withdrawn and the parties be allowed to initiate fresh arbitration proceedings?
  • How does the period spent in the earlier arbitration affect the limitation period for initiating fresh arbitration?

Subjects

  • Arbitration
  • Execution of award
  • Void award
  • Unilateral appointment
  • Limitation period
  • Fresh arbitration

Judgment

Vivekanand
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                                                             25-N-574-2025.doc



             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                ORDINARY ORIGINAL CIVIL JURISDICTION

                      NOTICE NO. 574 OF 2025
                                IN
                EXECUTION APPLICATION NO. 1310/2018

SHRIRAM CITY UNION FINANCE
LIMITED                                             ….. APPLICANT

          VERSUS

JAIN DILIP SAKAL CHAND                              ….. RESPONDENT

Mr. Vishal Narkar, Advocate for the Applicant.

                                 CORAM : RAJESH S. PATIL, J.

                                 DATE     : 17th FEBRUARY, 2026

P.C. :-

1)             Mr. Narkar, 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
Vivekanand
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                                                             25-N-574-2025.doc


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, Notice & 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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