SBI Cards and Payments Services Pvt. Ltd. v. Tahur Ali Shaikh
Case brief
What is this about?
Unilateral appointment of sole arbitrator; arbitral award declared non-est, non-executable and void-ab-initio even at execution stage; execution application dismissed; liberty to initiate fresh arbitration with limitation exclusion from date of invocation till order. SBI Cards and Payments Services Pvt. Ltd. v. Tahur Ali Shaikh, Execution Application No. 232 of 2022, Bombay High Court, Rajesh S. Patil, J., 30 March 2026; follows Supreme Court in Bhadra International (India) Pvt. Ltd. v. Airport Authority of India, Civil Appeal Nos. 37-38 of 2026 (decided 5 January 2026); refers to L & T Finance Ltd. v. Sangeeta Bhansali & Anr., Commercial Execution Application (L) No. 5277 of 2022.
What did the court decide?
Execution Application dismissed; the arbitral award declared non-est in law, non-executable and void-ab-initio; Notice and Interim Applications disposed of; parties left at liberty to initiate fresh arbitration in accordance with law, with the period from invocation of arbitration till date excluded for limitation.