3-EXA(L)-10694-2022 (OS).doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION EXECUTION APPLICATION (ST) NO. 10694 OF 2022 (Sr. No. 3) Axis Bank Limited ...Applicant Versus Nandagopal Shrinivasan Iyengar ...Respondent WITH INTERIM APPLICATION NO. 1531 OF 2022 AND EXECUTION APPLICATION (ST) NO. 12382 OF 2022 (Sr. No. 4) Suryoday Small Finance Bank Limited ...Applicant Versus Ved Abhishek Vijay And Anr ...Respondents AND EXECUTION APPLICATION (ST) NO. 12416 OF 2022 (Sr. No. 5) Suryoday Small Finance Bank Limited ...Applicant Versus Shyam Kisan Kute And Anr ...Respondents AND EXECUTION APPLICATION (ST) NO. 39913 OF 2022 (Sr. No. 6) Kotak Mahindra Bank Ltd ...Applicant Versus Zoya Enterprises ...Respondent AND EXECUTION APPLICATION (ST) NO. 32664 OF 2025 (Sr. No. 19) Tata Capital Limited (formerly Known As Tata Capital Financial Services Ltd) ...Applicant Mayur MAYUR KONDIRAM ADANE Digitally signed by MAYUR KONDIRAM ADANE Date: 2026.08.24 14:04:41 +0530 3-EXA(L)-10694-2022 (OS).doc Versus Tauseef Raza N Khan ...Respondent WITH INTERIM APPLICATION NO. 8065 OF 2025 __________ Adv. Bijal Gogri, i/b O M Gujar Law Chambers, for the Applicant. Adv. Bijal Gogri, i/b GNP Legal, for the Applicant in EXAL/12382/2022, EXAL/12416/2022. __________ CORAM : ADVAIT M. SETHNA, J. DATE : 21st AUGUST 2026 P.C.: 1. Heard learned counsel for the Petitioner. The issues arising in all these Applications are common and, therefore, the same can be disposed of by this common order. 2. Heard Ms. Gogri, learned counsel for the Applicant in the proceedings. From the record, it appears that the proceedings are covered by the judgment of the Supreme Court in the case of Bhadra International (India) Pvt. Ltd. and Others v. Airport Authority of India, Civil Appeal Nos. 37-38 of 2026. The Supreme Court has held therein that an arbitral award can be set aside as being void ab initio on the ground that the arbitrator was unilaterally appointed. 3. According to the Supreme Court, a decree passed by a Court without jurisdiction goes to the root of the matter. Any decision passed by Mayur 3-EXA(L)-10694-2022 (OS).doc a Court lacking jurisdiction would be coram non judice, since a Court cannot confer jurisdiction upon itself. No act of the parties can cure an inherent lack of jurisdiction. In view thereof, all the proceedings, including the execution proceedings, are rendered non est. The issue therefore is no longer res integra. 4. In light of the above, learned counsel for the Applicant seeks leave to withdraw the present Applications. 5. Leave is granted accordingly to withdraw the said proceedings. 6. However, it would be open to the parties to initiate fresh arbitration proceedings, if necessary, in accordance with law. 7. As far as the issue of limitation is concerned, the period commencing from the date of invocation of arbitration until the date of this order shall stand excluded, in the event fresh proceedings are initiated by the parties. 8. With the above observations and directions, the Applications stand Disposed of as withdrawn. 9. Consequently, the Interim Applications, if any, also stand Disposed of accordingly. [ADVAIT M. SETHNA, J.] Mayur