Mahindra and Mahindra Financial Services Limited v. Siddhi Rent a Car Pvt. Ltd. and 2 Ors.
Case brief
What is this about?
Bombay High Court (Abhay Ahuja, J., 29 April 2026) batch order in Execution / Commercial Execution Applications (Sr. Nos. 901–1086, 1090, 1094, 1097–1156): following the Supreme Court's ruling in Bhadra International (India) Pvt. Ltd. v. Airports Authority of India (2026 SCC Online SC 7) that unilateral appointment of an arbitrator is void ab initio and ineligibility can be raised even in execution, and on the Prothonotary & Senior Master's finding that the sole arbitrator's appointment was unilateral, the Court set aside the respective arbitral awards, dismissed / disposed the execution applications and connected interim applications and chamber summonses, permitted fresh arbitration with the period from invocation till the order excluded for limitation, and granted liberty to apply where Section 12(5) ineligibility was waived by express written agreement.
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 proceedings in accordance with law, with the period from invocation of arbitration till the date of the order excluded for limitation; liberty to apply where ineligibility of the sole arbitrator or the right to object under Section 12(5) was waived by express agreement in writing.