Authority: High Court of Judicature at Bombay
Order Date: 28 August 2026
Case Overview
- Applicant: Shriram Transport Finance Co. Ltd.
- Respondents: Sunita V. Dere and Anr.
- Execution Application No. 892 of 2017 and Chamber Summons No. 180 of 2017 were pending.
- Counsel for the applicant: Ms. Disha Karambar (by Disha Karambar & Associates).
- The applicant sought leave to withdraw the execution proceedings.
- The Court observed that the matter is covered by the Supreme Court judgment in Bhadra International (India) Pvt. Ltd. and 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 if the arbitrator was unilaterally appointed and that a decree passed by a court lacking jurisdiction is coram non judice and therefore non est.
- The Court also referenced its own earlier decision in L & T Finance Ltd. Vs. Sangeeta Bhansali & Anr. (Commercial Execution Application (L) No.5277 of 2022, decided 17 January 2026), which adopted a similar view on jurisdictional defects.
Final Outcome
- Leave is granted to the applicant to withdraw the execution application.
- The Court directed that the parties may, if they wish, initiate fresh arbitration proceedings in accordance with law.
- Regarding limitation, the period from the date of invocation of arbitration to the date of this order shall be excluded if fresh proceedings are started.
- The execution application is disposed of as withdrawn.
- Any interim applications, if filed, are also disposed of and will not survive.
Topics: Arbitration, Court Jurisdiction