Hdb Financial Services Ltd. v. Pravindra Rajendraprasad Tiwari and Another
Arbitration – Unilateral appointment of sole arbitrator
Case brief
What is this about?
Bombay High Court, Ordinary Original Civil Jurisdiction (Abhay Ahuja, J.), order dated 5 May 2026 in a batch of execution matters (Serial Nos. 902 to 1148): unilateral appointment of sole arbitrator found by the office of the Prothonotary & Senior Master; arbitral awards set aside following Bhadra International (India) Pvt. Ltd. v. Airports Authority of India, 2026 SCC Online SC 7 (unilateral appointment void ab initio; ineligibility raisable at any stage, even in execution); Commercial Execution Applications / Execution Applications, Interim Applications and Chamber Summons dismissed / disposed; liberty to initiate fresh arbitration; limitation exclusion from invocation of arbitration till the order; proviso to Section 12(5) Arbitration and Conciliation Act 1996 waiver; no appearance for parties.
What did the court decide?
Respective arbitral awards set aside; Commercial Execution Applications / Execution Applications and connected Interim Applications and Chamber Summons dismissed / disposed; parties at liberty to initiate fresh arbitration in accordance with law; period from invocation of arbitration till the date of the order excluded for limitation; liberty to apply under the proviso to Section 12(5) of the Arbitration and Conciliation Act, 1996 where an express written agreement waives the ineligibility.