Hdb Financial Services Limited v. Cosmo Enterprise and Anr.
Case brief
What is this about?
Unilateral appointment of arbitrator; award void-ab-initio; setting aside arbitral award at execution stage; award declared non-est and non-executable; HDB Financial Services Limited v. Cosmo Enterprise & Anr.; Bombay High Court; Ordinary Original Civil Jurisdiction; Rajesh S. Patil, J.; decided 06.02.2026; Notice No. 280 of 2025 in Execution Application No. 148 of 2022; award dated 04.06.2018; follows Bhadra International (India) Pvt. Ltd. v. Airport Authority of India, Civil Appeal No. 37-38 of 2026 (SC, decided 5 January 2026); applies L & T Finance Ltd. v. Sangeeta Bhansali, Commercial Execution Application (L) No. 5277 of 2022; execution application dismissed; fresh arbitration permitted; limitation period from invocation till today excluded; counsel for applicant had no instructions.
What did the court decide?
No relief to the applicant: the Execution Application along with the Notice stand dismissed; the arbitral award dated 04.06.2018 was declared non-est in law, non-executable and void-ab-initio; Interim Applications, if any, stand disposed of; parties are free to initiate fresh arbitration with the period from invocation till today excluded for limitation.