Shriram Finance Limited (Previously Known as Shriram Transport Finance Limited) v. Mangesh Sambhaji Waghmare
Case brief
What is this about?
Bombay HC OOCJ batch order, Abhay Ahuja J., 2 Apr 2026, Serial Nos. 39-238: Commercial Execution Applications dismissed and arbitral awards set aside after unilateral sole-arbitrator appointments found by office of Prothonotary & Senior Master; follows/applies SC decision Bhadra International (India) Pvt. Ltd. v. Airports Authority of India (2026 SCC Online SC 7); fresh arbitration permitted; limitation exclusion from invocation till date; liberty to apply on express written waiver under Section 12(5) Arbitration and Conciliation Act 1996. Connected Interim Applications and Chamber Summons disposed.
What did the court decide?
Execution applications dismissed and arbitral awards set aside; parties permitted to initiate fresh arbitration proceedings in accordance with law; limitation period from invocation of arbitration till the date of the order excluded; liberty to apply where an express agreement in writing in terms of 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).