Hdb Financial Services Limited v. Mohammed Nafees
Case brief
What is this about?
Unilateral arbitrator appointment; arbitral award void-ab-initio; award set aside / declared non-est and non-executable at execution stage; execution application withdrawn with leave and liberty; fresh arbitration permitted; limitation period from invocation of arbitration till date excluded; HDB Financial Services Limited v. Mohammed Nafees; 20 N/362/2025 in EXA/465/2022; Bombay High Court; Rajesh S. Patil, J.; 13 February 2026; relies on Supreme Court decision of 5 January 2026 in Bhadra International (India) Pvt. Ltd. v. Airport Authority of India (Civil Appeal No. 37-38 of 2026) and on Bombay HC judgment in L & T Finance Ltd. v. Sangeeta Bhansali & Anr. (Commercial Execution Application (L) No. 5277 of 2022).
What did the court decide?
Execution application withdrawn with leave and liberty; Arbitral Award declared non-est in law, non-executable and void-ab-initio; parties left free to initiate fresh arbitration in accordance with law; period from invocation of arbitration till the date of the order excluded for limitation purposes; Notice and Interim Applications, if any, disposed of.