Authority: High Court of Judicature at Bombay
Order Date: 28 August 2026
Case Overview
- Parties: Shriram Finance Ltd (Applicant) vs Vishal Anant Mayekar (Respondent).
- The applicant, through counsel Ms. Disha Karambar, sought leave to withdraw Execution Application No.986 of 2025.
- The Court considered the Supreme Court judgment in Bhadra International (India) Pvt. Ltd. & Others v. Airport Authority of India (Civil Appeal Nos. 37‑38 of 2026, decided 5 January 2026), which held that an arbitral award is void ab initio when the arbitrator is unilaterally appointed, and that a decree passed by a court lacking jurisdiction is void and non est.
- The Court also referred to its own earlier decision in L&T Finance Ltd. v. Sangeeta Bhansali & Anr. (Commercial Execution Application (L) No.5277 of 2022, decided 17 January 2026), which adopted a similar view on jurisdictional defects.
Order
- Leave is granted to the Applicant to withdraw the execution proceedings.
- The parties may, if they wish, commence fresh arbitration proceedings in accordance with law.
- The period from the date of invocation of arbitration to the date of this order shall be excluded from the limitation period, should fresh proceedings be initiated.
- The Application is disposed of as withdrawn.
- Any interim applications, if filed, are also disposed of and will not survive.
Final Outcome
- The execution application is withdrawn; no further enforcement action will proceed under the present proceedings.
Topics: Arbitration, Execution Proceedings