Shriram Finance Limited (Previously Known as Shriram Transport Finance Company Limited) v. Abdul Sajid Khalik Chaudhary (Borrower) and Anr.
Case brief
What is this about?
Bombay HC (Abhay Ahuja J, 2 April 2026) batch dismissal of Commercial Execution Applications, Serial Nos. 39-44, 46, 49-90, 97-101, 114-238: unilateral appointment of sole arbitrator void ab initio per Supreme Court decision Bhadra International (India) Pvt. Ltd. and Others vs. Airports Authority of India, 2026 SCC Online SC 7; execution applications dismissed, respective arbitral awards set aside, connected interim applications and chamber summons disposed; fresh arbitration permitted with exclusion from limitation of period from invocation till today; liberty to apply under proviso to Section 12(5) of the Arbitration and Conciliation Act, 1996 where express written waiver of ineligibility or right to object exists.
What did the court decide?
Parties free to initiate fresh arbitration proceedings in accordance with law; limitation period from invocation of the arbitration till today excluded for that purpose; liberty to apply where an express written waiver exists under the proviso to Section 12(5) of the Arbitration and Conciliation Act, 1996; connected Interim Applications and Chamber Summons disposed.