L and T Finance Limited v. Jai Chamunda Maa Earthmovers and Anr.
Case brief
What is this about?
Bombay High Court; Abhay Ahuja J.; decided 04-05-2026; batch of Commercial Execution Applications / Execution Applications, Serial Nos. 902 to 1151; arbitral awards set aside on ground of unilateral appointment of sole arbitrator, following Supreme Court decision in Bhadra International (India) Pvt. Ltd. v. Airports Authority of India (2026 SCC Online SC 7); execution applications, interim applications and chamber sums dismissed/disposed; fresh arbitration permitted; limitation exclusion from invocation till order; Section 12(5) Arbitration and Conciliation Act 1996 waiver liberty.
What did the court decide?
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; period from invocation of arbitration till the date of the order excluded for limitation; liberty to apply where an express written agreement under the proviso to Section 12(5) waives the sole arbitrator's ineligibility or the right to object.