Yes Bank Ltd. v. Mr. Mohammed Azhar
Case brief
What is this about?
Unilateral appointment of sole arbitrator - execution of arbitral award - award declared non-est, non-executable and void-ab-initio at execution stage - Notice under Order XXI Rule 22 CPC - Yes Bank Ltd. v. Mohammed Azhar - Bombay HC follows L & T Finance Ltd. v. Sangeeta Bhansali (Comm. Ex. App. (L) 5277/2022) considering Supreme Court judgment in Bhadra International (India) Pvt. Ltd. v. Airport Authority of India (C.A. No. 37-38 of 2026, decided 05-01-2026) - Execution Application dismissed - fresh arbitration permitted - limitation exclusion from invocation till date of order.
What did the court decide?
Arbitral award declared non-est in law, non-executable and void-ab-initio; Execution Application dismissed; Notice and Interim Applications, if any, disposed of; parties left free to initiate fresh arbitration with the period from invocation of arbitration till the date of the order excluded for limitation.