India Infoline Finance Limited Rep. by T. Subhala v. Kallu Prasad Tiwari(Borrower) and Anr.
EXECUTION OF ARBITRAL AWARD – Unilateral appointment of arbitrator
Case brief
What is this about?
Bombay High Court (Rajesh S. Patil, J., 10.03.2026) dismissed Execution Application No. 458 of 2021: arbitral award passed by a unilaterally appointed sole arbitrator declared non-est in law, non-executable and void-ab-initio even at the execution stage, following the Supreme Court in Bhadra International (India) Pvt. Ltd. vs. Airport Authority of India (C.A. No. 37-38 of 2026, decided 05.01.2026) and the court's earlier view in L & T Finance Ltd. vs. Sangeeta Bhansali & Anr.; parties permitted to initiate fresh arbitration with the period from invocation till the order excluded for limitation.
What did the court decide?
Execution Application dismissed; the arbitral award declared non-est in law, non-executable and void-ab-initio; parties left open to initiate fresh arbitration proceedings in accordance with law, with the period from invocation of arbitration till the date of the order excluded for limitation; Notice No. 265 of 2025 and the interim applications, if any, stood disposed of.