Shriram City Union Finance Ltd. v. Mohan Shankarrao Ingle and Sunil Shankarrao Ingle
Case brief
What is this about?
Unilateral appointment of sole arbitrator; arbitral award declared non-est, non-executable and void-ab-initio even at execution stage; execution of arbitral award refused; execution application dismissed with liberty to initiate fresh arbitration; limitation exclusion from invocation of arbitration till date of order; Shriram City Union Finance Ltd vs Mohan Shankarrao Ingle and Sunil Shankarrao Ingle; reliance on Supreme Court decision in Bhadra International (India) Pvt. Ltd. vs Airport Authority of India, Civil Appeal No. 37-38 of 2026 (decided 5 January 2026) and Bombay High Court view in L & T Finance Ltd. vs Sangeeta Bhansali & Anr., Commercial Execution Application (L) No. 5277 of 2022; Bombay High Court OOCJ; Rajesh S. Patil, J.; Execution Application No. 517 of 2018; Notice No. 576 of 2025; 25 March 2026.
What did the court decide?
Execution Application dismissed; arbitral award declared non-est in law, non-executable and void-ab-initio; Notice and Interim Applications, if any, disposed of; parties permitted to initiate fresh arbitration proceedings in accordance with law, with the period from invocation of arbitration till the date of the order excluded for limitation purposes.