Hdfc Bank Ltd. vs Ravindra Kale — Bombay HC (2026) — LawSathi Research

Hdfc Bank Ltd. vs Ravindra Kale — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Leave to withdraw the four execution applications with liberty to initiate fresh arbitration proceedings; the arbitral awards declared non-est in law, non-executable and void-ab-initio; notices and interim applications disposed of; the period from invocation of arbitration till 5 February 2026 excluded for limitation for fresh arbitration proceedings.

Issue for consideration

Whether the claimant may be granted leave to withdraw the execution applications, with liberty to initiate fresh arbitration proceedings, given that the arbitrator's appointment in the underlying arbitral awards was unilateral. +1 more

Court's answer

Leave and liberty as prayed for is granted to the claimant to withdraw the execution applications, with liberty to initiate fresh arbitration proceedings.

Ratio / Principle

The Arbitral Awards which are the subject matter of the present proceedings are hereby declared to be non-est in law, non-executable and void-ab-initio (declaration spans ¶32-¶33 and concludes 'and void-ab-initio.' at ¶37).

Key takeaways

The Execution Applications stand disposed of as withdrawn.ratio¶¶38
In sequel, the Notices and the Interim Applications, if any, also stand disposed of.ratio¶¶39
It shall be open for the parties to initiate fresh arbitration proceedings in accordance with law.ratio¶¶41

Detailed headnote1 paragraphs

Bombay High Court (Ordinary Original Civil Jurisdiction), Rajesh S. Patil, J., 5 February 2026 — Four execution applications (EXA/2014/2022, EXA/1726/2022, EXA/1725/2022, EXA/1729/2022) by HDFC Bank Ltd. against arbitral awards were sought to be withdrawn on the ground that the arbitrator's appointment was unilateral. Relying on the Supreme Court's decision in Bhadra International (India) Pvt. Ltd. v. Airport Authority of India (Civil Appeal Nos. 37-38 of 2026, decided 5 January 2026) and the Court's own earlier view in L & T Finance Ltd. v. Sangeeta Bhansali & Anr. (Commercial Execution Application (L) No. 5277 of 2022), the Court proceeded on the footing that an award founded on a unilateral arbitrator appointment can be set aside as void-ab-initio even at the execution stage. The awards were declared non-est in law, non-executable and void-ab-initio; leave to withdraw with liberty to initiate fresh arbitration was granted; and the period from invocation of arbitration until the order date was excluded for limitation.

Vivekanand

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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.

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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

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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.)