Mahindra and Mahindra Financial Services Limited v. Siddhi Rent a Car Pvt. Ltd. and 2 Ors.
Case brief
What is this about?
Unilateral appointment of sole arbitrator void ab initio; ineligibility can be raised at any stage and even in execution; Bhadra International (India) Pvt. Ltd. v. Airports Authority of India, 2026 SCC Online SC 7 followed; arbitral awards set aside; Commercial Execution Applications / Execution Applications dismissed / disposed; connected Interim Applications and Chamber Summons dismissed / disposed; fresh arbitration permitted; limitation exclusion from invocation of arbitration till order; liberty to apply under proviso to Section 12(5), Arbitration and Conciliation Act, 1996, waiver of ineligibility by express agreement in writing; Prothonotary & Senior Master finding; Bombay High Court, Ordinary Original Civil Jurisdiction; Abhay Ahuja, J.; 4 May 2026; batch Ser. Nos. 902 to 1151.
What did the court decide?
Arbitral awards set aside; Commercial Execution Applications / Execution Applications and connected Interim Applications and Chamber Summons dismissed / disposed; parties free 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 ineligibility is waived by express written agreement