Shriram City Union Finance Limited v. Sambhaji Nathu Khopade
Case brief
What is this about?
Unilateral appointment of sole arbitrator; arbitral award void-ab-initio; award set aside at execution stage; award declared non-est and non-executable; execution of arbitral award dismissed; liberty to initiate fresh arbitration; limitation period from invocation excluded; Shriram City Union Finance Limited v. Sambhaji Nathu Khopade; Execution Application No. 853 of 2019; Notice No. 830 of 2025; Bombay High Court Ordinary Original Civil Jurisdiction; Rajesh S. Patil, J.; order dated 9 March 2026; relies on Supreme Court judgment dated 5 January 2026 in Bhadra International (India) Pvt. Ltd. v. Airport Authority of India, Civil Appeal No. 37-38 of 2026, and on Bombay High Court view in L & T Finance Ltd. v. Sangeeta Bhansali & Anr., Commercial Execution Application (L) No. 5277 of 2022; no statute cited; applicant absent at hearing (none present); ex parte disposal.
What did the court decide?
Arbitral award declared non-est in law, non-executable and void-ab-initio; Execution Application dismissed; Interim Applications, if any, disposed of; parties left free to initiate fresh arbitration in accordance with law, with the period from invocation of arbitration till the date of the order excluded for limitation.