Hdb Financial Services Limited v. Fathima Collection and 2 Ors.
Case brief
What is this about?
Unilateral appointment of arbitrator; arbitral award declared void-ab-initio, non-est and non-executable even at execution stage; award dated 27.06.2017 set aside; execution application and notice dismissed; fresh arbitration permitted with limitation period from invocation excluded. Parties: HDB Financial Services Limited v. Fathima Collection & ors. Court: High Court of Judicature at Bombay (OO CJ), Rajesh S. Patil, J., 06.02.2026; Notice No. 287 of 2025 in Execution Application No. 147 of 2022. Relied upon: Supreme Court judgment of 05.01.2026 in Bhadra International (India) Pvt. Ltd. v. Airport Authority of India, Civil Appeal No. 37-38 of 2026; and L & T Finance Ltd. v. Sangeeta Bhansali & Anr., Commercial Execution Application (L) No. 5277 of 2022.
What did the court decide?
Award dated 27.06.2017 declared non-est in law, non-executable and void-ab-initio; parties permitted to initiate fresh arbitration proceedings in accordance with law; period from invocation of the arbitration till the date of the order excluded for limitation purposes; interim applications disposed of.