Indostar Capital Finance Ltd. v. Pradeep Umeshchandra Tiwari and Anr.
Arbitration – Execution – Unilateral appointment of sole arbitrator
Case brief
What is this about?
Bombay High Court, Notice No. 657 of 2025 in Execution Application No. 11 of 2022, Indostar Capital Finance Ltd. v. Pradeep Umeshchandra Tiwari & anr., decided 06.02.2026 (Rajesh S. Patil, J.): arbitral award dated 10.10.2019 passed by sole arbitrator declared non-est, non-executable and void-ab-initio owing to unilateral appointment of arbitrator; execution application and notice dismissed; fresh arbitration permitted with limitation exclusion from invocation till order date; follows L & T Finance Ltd. v. Sangeeta Bhansali (Commercial Execution Application (L) No. 5277 of 2022) and Supreme Court decision in Bhadra International (India) Pvt. Ltd. v. Airport Authority of India, Civil Appeal No. 37-38 of 2026 (decided 5 January 2026); no advocates appeared ('None present'); no monetary quantum awarded.
What did the court decide?
Declaration that the arbitral award dated 10.10.2019 is non-est in law, non-executable and void-ab-initio; Execution Application No. 11 of 2022 along with Notice No. 657 of 2025 dismissed; interim applications, if any, disposed of; liberty to initiate fresh arbitration with exclusion of the limitation period from invocation of arbitration till the order date.