Rahul Damu Kamble v. Julie Anthony Vergheses and 2 Ors.
Case brief
What is this about?
Withdrawal of execution application; unilateral appointment of Arbitrator; arbitral award declared non-est, non-executable and void-ab-initio; leave to initiate fresh arbitration proceedings; limitation period from invocation of arbitration excluded; reliance on Supreme Court judgment in Bhadra International (India) Pvt. Ltd. v. Airport Authority of India (Civil Appeal No. 37-38 of 2026, decided 5 January 2026) and on Judge's earlier view in L & T Finance Ltd. v. Sangeeta Bhansali & Anr. (Commercial Execution Application (L) No. 5277 of 2022); Bombay High Court OOCJ; Rajesh S. Patil, J.; 27 February 2026; 35 EXA/430/2018; Shriram City Union Finance Ltd.; Julie Anthony Vergheses; Rahul Damu Kamble.
What did the court decide?
Leave and liberty granted to withdraw the Execution Application and to initiate fresh arbitration proceedings; the Arbitral Award declared non-est in law, non-executable and void-ab-initio; the Notice and Interim Applications disposed of; the period from invocation of arbitration till the date of the order excluded for limitation purposes for fresh arbitration.