Hdfc Bank Ltd. vs Kumar Devraj Devendra and Anr. — Bombay HC (2026) — LawSathi Research

Hdfc Bank Ltd. vs Kumar Devraj Devendra and Anr. — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

All four execution applications disposed of as withdrawn with leave and liberty; Arbitral Awards declared non-est in law, non-executable and void-ab-initio; parties at liberty to initiate fresh arbitration in accordance with law; period from invocation of arbitration till the date of the order (5 February 2026) excluded for limitation for fresh arbitration.

Issue for consideration

Whether an Arbitral Award passed by a unilaterally appointed Arbitrator is executable at the execution stage, or is void-ab-initio / non-est in law. +1 more

Court's answer

The Arbitral Awards, being the subject matter of the present execution proceedings, are declared to be non-est in law and non-executable, and (continuing at ¶37) void-ab-initio, consistent with this Court's earlier view in L & T Finance Ltd. and the Supreme Court's decision in Bhadra International that an award by a unilaterally appointed arbitrator can be set aside as void-ab-initio even at the execution stage.

Ratio / Principle

Leave and liberty as prayed for (withdrawal of the execution applications with liberty to initiate fresh arbitration) is granted.

Key takeaways

It shall be open for the parties to initiate fresh arbitration proceedings in accordance with law.ratio¶41
As far as limitation is concerned, the period from the invocation of the arbitration till the date of this order stands excluded (continuing at ¶43) for the purpose of initiating fresh arbitration proceedings.ratio¶42
The Execution Applications stand disposed of as withdrawn.ratio

Detailed headnote1 paragraphs

Bombay High Court, OOCJ (Rajesh S. Patil, J.; 5 February 2026): Four execution applications (EXA/2014/2022, EXA/1726/2022, EXA/1725/2022, EXA/1729/2022) filed by HDFC Bank Ltd. for execution of Arbitral Awards — in which the Arbitrator's appointment was unilateral — were permitted to be withdrawn. Acting on its own earlier view in L & T Finance Ltd. v. Sangeeta Bhansali & Anr. (Commercial Execution Application (L) No. 5277 of 2022) and the Supreme Court's judgment of 5 January 2026 in Bhadra International (India) Pvt. Ltd. v. Airport Authority of India, Civil Appeal No. 37-38 of 2026 (that an award by a unilaterally appointed arbitrator can be set aside as void-ab-initio even at the execution stage), the Court declared the Arbitral Awards non-est in law, non-executable and void-ab-initio, granted the parties liberty to initiate fresh arbitration in accordance with law, and directed that the period from the invocation of arbitration till the date of the order stand excluded for limitation for the fresh proceedings.

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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.)