Hdb Financial Services Limited v. Shaukat Khan Haroon Khan
Case brief
What is this about?
Unilateral appointment of arbitrator; setting aside of arbitral award as non-est, non-executable and void-ab-initio even at execution stage; HDB Financial Services Ltd. v. Shaukat Khan Haroon Khan & Ors. (Bombay HC, Notice 245/2025 in Exec. Appln. 261/2021, 20.01.2026); relies on Bhadra International (India) Pvt. Ltd. v. Airport Authority of India (SC, Civil Appeal Nos. 37-38/2026, decided 05.01.2026) and L & T Finance Ltd. v. Sangeeta Bhansali & Anr. (Bombay HC, Comm. Ex. Appln. (L) 5277/2022); withdrawal with leave and liberty for fresh arbitration; limitation exclusion from invocation till order date.
What did the court decide?
Execution Application and Notice disposed of as withdrawn (interim applications, if any, also disposed of); Arbitral Award dated 31.12.2016 declared non-est in law, non-executable and void-ab-initio; leave and liberty granted to the applicant to withdraw and to initiate fresh arbitration proceedings in accordance with law; for limitation purposes, the period from invocation of the arbitration till the date of the order stands excluded for initiating the fresh proceedings.