Aditya Birla Finance Limited v. Chandan Shankarrao Kharat
Case brief
What is this about?
Batch disposal of Commercial Execution Applications / Execution Applications before the Bombay High Court (Abhay Ahuja, J., 4 May 2026): arbitral awards founded on unilateral appointment of sole arbitrator set aside in view of Bhadra International (India) Pvt. Ltd. and Others v. Airports Authority of India, 2026 SCC Online SC 7; execution applications, connected interim applications and chamber summons dismissed / disposed; fresh arbitration permitted with limitation exclusion from date of invocation; liberty to apply on express written waiver under proviso to Section 12(5), Arbitration and Conciliation Act, 1996.
What did the court decide?
Respective arbitral awards set aside; Commercial Execution Applications / Execution Applications and connected Interim Applications and Chamber Summons dismissed / disposed; parties free to initiate fresh arbitration with the period from invocation of arbitration till the date of the order excluded for limitation; liberty to apply where an express written agreement in terms of the proviso to Section 12(5) waives the sole arbitrator's ineligibility or the right to object under Section 12(5)