KVM 1/2 67 - EXA - 22 OF 2021.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION EXA/22/2021 VOLKSWAGEN FINANCE PVT. LTD. VS ANKIT SHETTIGAR None present. CORAM : RAJESH S. PATIL, J. DATE : 28 JANUARY, 2026 P.C. :- 1) This Execution Application is filed in the year 2021. 1.1) For the last four years, no steps have been taken in the Execution Application, hence, the Registry has placed this matter today on board under the caption “For Dismissal under Rule 329 of The Bombay High Court (Original Side) Rules”. 2) None appears for the Applicant when the matter is called out. 3) From the proceedings, it can be gathered that the appointment of the sole arbitrator was unilateral. 4) 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 KANCHAN VINOD MAYEKAR Digitally signed by KANCHAN VINOD MAYEKAR Date: 2026.01.31 13:17:21 +0530 KVM 2/2 67 - EXA - 22 OF 2021.doc Court decided on 5 January, 2026, in the matter of Bhadra 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. 5) In view of the aforesaid judgment, the arbitral award in the present proceeding dated 10 November, 2018 passed by the sole arbitrator is hereby declared to be non-est in law, non-executable and void-ab-initio. 6) Execution Application stands dismissed. 7) In sequel, the Interim Applications, if any, also stand disposed of. 8) It shall be open for the parties to initiate fresh arbitration proceedings in accordance with law. 9) 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.)