Bombay High Court
Reliance Capital Limited vs Lokesh Ravindra Alagh And ... on 4 March, 2026
2026:BHC-OS:5615
Vivekanand
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4-EXA-253-2019.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
EXECUTION APPLICATION NO. 253 OF 2019
WITH
NOTICE NO. 117 OF 2019
IN
EXECUTION APPLICATION NO. 253 OF 2019
RELIANCE CAPITAL LIMITED ..... APPLICANT
VERSUS
LOKESH RAVINDRA ALAGH AND
RAVINDERKUMAR KUNDANLAL
ALAGH ..... RESPONDENTS
None present.
CORAM : RAJESH S. PATIL, J.
Date : 4th March, 2026 P.C. :-
1) None appears for the applicant when the matter is called out.
2) From the proceedings, it can be gathered that the appointment of the sole arbitrator was unilateral.
3) 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 ::: Uploaded on - 05/03/2026 ::: Downloaded on - 05/03/2026 20:33:43 ::: Vivekanand 2/2 4-EXA-253-2019.doc 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.
4) In view of the aforesaid judgment, the arbitral award in the present proceeding dated passed by the sole arbitrator is hereby declared to be non-est in law, non-executable and void-ab-initio.
5) Execution Application stands dismissed.
6) In sequel, Notice & the Interim Applications, if any, also stand disposed of.
7) It shall be open for the parties to initiate fresh arbitration proceedings in accordance with law.
8) 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.) ::: Uploaded on - 05/03/2026 ::: Downloaded on - 05/03/2026 20:33:43 :::