Visage Holdings and Finance (P) Ltd. v. Apd Footwear and 2 Ors.
Case brief
What is this about?
Bombay HC batch disposal of execution applications (Ser. Nos. 901-975, 977-1155), 22-04-2026, Abhay Ahuja J: Prothonotary & Senior Master found sole arbitrator's appointment unilateral in all matters; applying Supreme Court decision Bhadra International (India) Pvt. Ltd. v. Airports Authority of India (2026 SCC Online SC 7) that unilateral appointment of arbitrator is void ab initio and ineligibility raisable even in execution, arbitral awards set aside and execution applications, interim applications and chamber summons dismissed/disposed; fresh arbitration permitted with limitation exclusion from invocation till order date; liberty to apply under proviso to Section 12(5), Arbitration and Conciliation Act 1996 waiver.
What did the court decide?
Respective arbitral awards set aside; Commercial Execution Applications / Execution Applications, connected Interim Applications and Chamber Summons (if any) dismissed / disposed; parties permitted to initiate fresh arbitration in accordance with law, with the period from invocation of the arbitration till the date of this order excluded for limitation; liberty to apply where an express agreement in writing under the proviso to Section 12(5) of the Arbitration and Conciliation Act, 1996 waives the ineligibility or the right to object.