Shriram Transport Finance Co. Ltd. v. Zahid Ali Siddiqui (Borrower)
Case brief
What is this about?
Batch disposal order, High Court of Judicature at Bombay (OOCJ), Abhay Ahuja, J., 26 March 2026, Serial Nos. 901 to 996: Commercial Execution Applications dismissed and arbitral awards set aside because the sole arbitrator's appointment was found unilateral (per office of the Prothonotary & Senior Master), following the Supreme Court decision in Bhadra International (India) Pvt. Ltd. and Others vs. Airports Authority of India, 2026 SCC Online SC 7 (unilateral appointment void ab initio; ineligibility raisable at any stage, even in execution). Fresh arbitration permitted; limitation period from invocation of arbitration till order date excluded; conditional liberty to apply under proviso to Section 12(5), Arbitration and Conciliation Act, 1996; connected interim applications and chamber summons disposed; most applicants unrepresented, no appearance for respondents.
What did the court decide?
Applications dismissed and respective arbitral awards set aside; parties permitted to initiate fresh arbitration proceedings in accordance with law, with the period from invocation of the arbitration till the date of the order excluded for limitation; liberty to apply reserved where an express written agreement under the proviso to Section 12(5) of the Arbitration and Conciliation Act, 1996 waives the sole arbitrator's ineligibility or the right to object under Section 12(5); connected Interim Applications and Chamber Summons disposed.