Hdfc Bank Ltd. vs Shaikh Sabiya Mohd Aslam — Bombay HC (2026) — LawSathi Research

Hdfc Bank Ltd. vs Shaikh Sabiya Mohd Aslam — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Leave to withdraw the execution applications with liberty to initiate fresh arbitration proceedings; the underlying Arbitral Awards declared non-est in law, non-executable and void-ab-initio; limitation exclusion of the period from invocation of arbitration till the date of the order; Notices and Interim Applications, if any, disposed of.

Issue for consideration

Whether an arbitral award founded on a unilateral appointment of the arbitrator can be set aside as void-ab-initio even at the stage of execution. +2 more

Court's answer

The Arbitral Awards which are the subject matter of the present proceedings are declared to be non-est in law, non-executable and void-ab-initio.

Ratio / Principle

Leave and liberty as prayed for is granted, permitting withdrawal of the execution applications with liberty to initiate fresh arbitration proceedings.

Key takeaways

It shall be open for the parties to initiate fresh arbitration proceedings in accordance with law.ratio¶41
The period from the invocation of the arbitration till today shall stand excluded, for limitation purposes, for initiating fresh arbitration proceedings.ratio¶42
The Execution Applications stand disposed of as withdrawn; in sequel, the Notices and the Interim Applications, if any, also stand disposed of.ratio

Detailed headnote1 paragraphs

Bombay High Court, Ordinary Original Civil Jurisdiction (Rajesh S. Patil, J.; 5 February 2026) — Four execution applications by HDFC Bank Ltd. (N/668/2025 in EXA/2014/2022; N/669/2025 in EXA/1726/2022; N/672/2025 in EXA/1725/2022; N/673/2025 in EXA/1729/2022) against Shaikh Sabiya Mohd Aslam, Ravindra Kale, Kumar Devraj Devendra & Anr. and Pereira Kilroy. Counsel for the applicant/claimant sought leave to withdraw, the execution proceedings arising out of Arbitral Awards in which the Arbitrator's appointment was unilateral. Noting the Supreme Court's judgment in Bhadra International (India) Pvt. Ltd. v. Airport Authority of India, Civil Appeal Nos. 37-38 of 2026 (decided 5 January 2026) — that even at the stage of execution an arbitral award can be set aside as void-ab-initio where the arbitrator's appointment was unilateral — and the Judge's earlier view in L & T Finance Ltd. v. Sangeeta Bhansali, Commercial Execution Application (L) No. 5277 of 2022, the Court declared the Arbitral Awards non-est in law, non-executable and void-ab-initio, granted leave to withdraw the execution applications, disposed of the Notices and Interim Applications, left the parties free to initiate fresh arbitration proceedings, and excluded from limitation the period from invocation of arbitration until the date of the order.

Vivekanand

1/3

77 to 80 N-668-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

77 N/668/2025 In

EXA/2014/2022

HDFC BANK LTD

VS

SHAIKH SABIYA MOHD ASLAM

WITH

78 N/669/2025 In EXA/1726/2022

HDFC BANK LTD.

VS RAVINDRA KALE

WITH

79 N/672/2025 In EXA/1725/2022 HDFC BANK LTD.

VS

KUMAR DEVRAJ DEVENDRA AND ANR.

WITH

80 N/673/2025 In EXA/1729/2022

HDFC BANK LTD. VS PEREIRA KILROY

Ms. Bijal Gogri i/by M/s. O M Gujar Law Chambers, Advocate for the Applicant.

Vivekanand

2/3

77 to 80 N-668-2025.doc

CORAM : RAJESH S. PATIL, J.

DATE : 5^th FEBRUARY, 2026

P.C. :-

Ms. Gogri, learned counsel appearing for the claimant submits that the execution proceedings arise out of an Arbitral Award, where the Arbitrator’s appointment was unilateral. Hence, she on instructions of her client seeks leave to withdraw the present execution application, with liberty to initiate fresh arbitration proceedings.

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.

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

3.1) The Arbitral Awards which is subject matter of the present

proceedings are hereby declared to be non-est in law, non-executable

Vivekanand

3/3

77 to 80 N-668-2025.doc

and void-ab-initio.

1. Execution Applications stands disposed of as withdrawn.

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

stand disposed of.

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

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.

(RAJESH S. PATIL, J.)