Shriram City Union Finance Ltd. v. Mohd. Samim Shaikh
Execution of arbitral award – unilateral appointment of arbitrator
Case brief
What is this about?
Keywords: unilateral appointment of arbitrator; arbitral award void-ab-initio; non-est award; non-executable award; setting aside award at execution stage; withdrawal of execution application with liberty; fresh arbitration proceedings; limitation exclusion; Shriram City Union Finance Ltd. v. Mohd. Samim Shaikh; Bombay High Court OOCJ; Rajesh S. Patil J.; relies on Bhadra International (India) Pvt. Ltd. v. Airport Authority of India (SC, Civil Appeal Nos. 37-38 of 2026, decided 05-01-2026) and L & T Finance Ltd. v. Sangeeta Bhansali & Anr. (Commercial Execution Application (L) No. 5277 of 2022, Bombay HC).
What did the court decide?
Leave and liberty to withdraw the execution application with liberty to initiate fresh arbitration proceedings; the Arbitral Award declared non-est in law, non-executable and void-ab-initio; the period from invocation of arbitration till 18 February 2026 excluded for limitation; Notice and Interim Applications, if any, disposed of in sequel.