Disposed

Shriram City Union Finance Ltd. v. Jagadish Shankar Adhav

Bombay HC12 Feb 2026N/629/2025

Case brief

AI extract

What is this about?

Unilateral appointment of arbitrator; arbitral award declared void-ab-initio, non-est and non-executable at execution stage; execution applications withdrawn with liberty to initiate fresh arbitration; limitation period from invocation excluded; reliance on Bhadra International (India) Pvt. Ltd. vs. Airport Authority of India, Civil Appeal No. 37-38 of 2026 (SC, 5 January 2026) and L & T Finance L

What did the court decide?

Leave to withdraw the execution applications granted, with liberty to initiate fresh arbitration proceedings; the arbitral awards were declared non-est in law, non-executable and void-ab-initio; notic

Shriram City Union Finance Ltd. Vs Jagadish Shankar Adhav — Bombay HC (2026) — LawSathi Research

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22 TO 26, 31 - N 373 OF 2025.doc

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Digitally signed byKANCHAN KANCHAN VINOD VINOD MAYEKAR MAYEKAR Date: 2026.02.13 18:08:25 +0530

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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ORDINARY ORIGINAL CIVIL JURISDICTION

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22 N/373/2025 IN

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EXA/834/2022 SHRIRAM TRANSPORT FINANCE

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COMPANY LIMITED. VS

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ILIYAS IDRIS QURESHI (BORROWER) AND ANR.

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23 N/528/2025 IN

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EXA/988/2022

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SHRIRAM CITY UNION FINANCE LTD.

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SUDARSHAN SADASHIV BORADE SINGH & ANR

24 N/530/2025

EXA/989/2022

SHRIRAM CITY UNION FINANCE LTD.

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SABHAJEET BEEPAT YADAV (BORROWER) & ANR

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25 N/531/2025 IN

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EXA/986/2022

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SHRIRAM CITY UNION FINANCE LTD.

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SACHIN NAMDEV GAIKWAD (BORROWER) & ANR

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26 N/532/2025 IN

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EXA/985/2022

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SHRIRAM CITY UNION FINANCE LTD.

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PARAMJEET MAKHAN SINGH & ANR

31 N/629/2025 IN

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EXA/563/2022 SHRIRAM CITY UNION FINANCE LTD VS JAGADISH SHANKAR ADHAV

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Mr. Vishal V. Narkar for the Applicant/Claimant.

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CORAM : RAJESH S. PATIL, J.

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DATE : 12^th FEBRUARY, 2026

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P.C. :-

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Learned counsel appearing for the claimant submits that the execution proceedings arise out of an Arbitral Awards, where the Arbitrators’ appointment was unilateral. Hence, he on instructions of his client seeks leave to withdraw the present execution applications, with liberty to initiate fresh arbitration proceedings.

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I have taken a view in the judgment of L & T Finance Ltd. vs. Sangeeta Bhansali & Anr. in Commercial Execution Application (L) No. 5277 of 2022, considering the latest judgment of the Supreme Court decided on 5 January, 2026, in the matter of Bhadra International (India) Pvt. Ltd. and others vs. Airport Authority of India, Civil Appeal No. 37-38 of 2026, wherein it has been held that even at the stage of execution, an arbitral award can be set aside being void-ab-initio on the grounds that the appointment of the arbitrator was unilateral.

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1. Leave and liberty as prayed for, is granted.

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3.1) The Arbitral Awards which are subject matter of the

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present proceedings are hereby declared to be non-est in law, nonexecutable and void-ab-initio.

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1. Execution Applications stand disposed of as withdrawn.

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In sequel, the Notices & Interim Applications, if any, also

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stand disposed of.

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It shall be open for the parties to initiate fresh arbitration proceedings in accordance with law.

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As far as limitation is concerned, the period from the invocation of the arbitration till today shall stand excluded for the purpose of initiating fresh arbitration proceedings.

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(RAJESH S. PATIL, J.)

Shriram City Union Finance Ltd. v. Jagadish Shankar Adhav

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Shriram City Union Finance Ltd. v. Jagadish Shankar Adhav

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