SHRIRAM TRANSPORT FINANCE COMPANY LIMITED SUDHIR UPADHYAY vs ASHARAF SAMSHUDDIN SHAIKH (BORROWER) AND ANR — EXA/110/2023

Case under Code of Civil Procedure Section 11(2). Disposed: Contested--DISMISSED on 09th April 2026.

Case disposed

CNR: HCBM020311392022

Filing Number

EXA/31133/2022

Filing Date

28-Sep-2022

Registration No

EXA/110/2023

Registration Date

31-Jan-2023

Judge

Hon'ble Shri Justice Abhay Ahuja

Coram

Hon'ble Shri Justice Abhay Ahuja

Bench Type

Single

Category

EXECUTION ( 15 )

Judicial Branch

Original

Decision Date

09-Apr-2026

Nature of Disposal

Contested--DISMISSED

Last updated 10-May-2026

Acts & Sections

Code of Civil Procedure Section 11(2)

Petitioner(s)

  1. 1.SHRIRAM TRANSPORT FINANCE COMPANY LIMITED SUDHIR UPADHYAY

Respondent(s)

  1. 1.ASHARAF SAMSHUDDIN SHAIKH (BORROWER) AND ANR

  2. 2.ANWAR MOHIDDIN BASHA(GUARANTOR)

Case History

  1. Case disposedDisposed

  2. 09-Apr-2026

    Hon'ble Shri Justice Abhay AhujaView PDF

    The Bombay High Court dismissed multiple applications and set aside arbitral awards after finding that sole arbitrators were appointed unilaterally, following Supreme Court precedent that such appointments are void ab initio. The court allowed parties to initiate fresh arbitration proceedings with the prior arbitration period excluded from limitation periods, except where parties had expressly waived objections in writing under the Arbitration and Conciliation Act, 1996. This case analysis is maintained by casestatus.in based on publicly available court records.

  3. 09-Apr-2026

    For Dismissal in view of decision in Bhadra International Pvt. Ltd. V/s Airports Authority of India

    Hon'ble Shri Justice Abhay Ahuja

  4. 28-Sep-2022

    Case filed

    Registration No. EXA/110/2023

casestatus.in Summary

The Bombay High Court dismissed multiple applications and set aside arbitral awards after finding that sole arbitrators were appointed unilaterally, following Supreme Court precedent that such appointments are void ab initio. The court allowed parties to initiate fresh arbitration proceedings with the prior arbitration period excluded from limitation periods, except where parties had expressly waived objections in writing under the Arbitration and Conciliation Act, 1996. This case analysis is maintained by casestatus.in based on publicly available court records.

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