SBI Cards and Payments Services Pvt. Ltd. v. Salim v/Fatteh
Execution of arbitral award – unilateral appointment of sole arbitrator
Case brief
What is this about?
Unilateral appointment of arbitrator; execution application; arbitral award set aside as void-ab-initio and non-est at execution stage; award non-executable; fresh arbitration permitted; limitation exclusion from invocation till order date; SBI Cards and Payments Services Pvt. Ltd. (applicant, absent/unrepresented) v. Salim V/Fatteh (respondent); High Court of Judicature at Bombay, Ordinary Original Civil Jurisdiction; Execution Application No. 231 of 2022 with Notice No. 548 of 2025; Rajesh S. Patil, J.; decided 1 April 2026; relies on Bhadra International (India) Pvt. Ltd. v. Airport Authority of India (SC, C.A. Nos. 37-38 of 2026, dt. 05-01-2026) and follows Bombay HC L & T Finance Ltd. v. Sangeeta Bhansali & Anr. (Commr. Ex. Appln. (L) No. 5277 of 2022).
What did the court decide?
Execution Application dismissed; arbitral award declared non-est in law, non-executable and void-ab-initio; Notice No. 548 of 2025 and any interim applications disposed of; parties left free to initiate fresh arbitration in accordance with law, with the period from invocation of arbitration till 1 April 2026 excluded for limitation.