Axis Bank (Formerly Known as Uti Bank Ltd.), v. Siraj Jahagirdhar
Case brief
What is this about?
Bombay High Court batch order (neutral citation 2026:BHC-OS:8892, Ser. Nos. 901–1148) dismissing Commercial Execution Applications and setting aside arbitral awards on the ground that the sole arbitrator's appointment was unilateral; relies on Bhadra International (India) Pvt. Ltd. v. Airports Authority of India, 2026 SCC Online SC 7 (unilateral arbitrator appointment void ab initio; ineligibility raisable at any stage, even in execution); Section 12(5) Arbitration and Conciliation Act 1996, proviso waiver of ineligibility; liberty for fresh arbitration; limitation exclusion from date of invocation till order; Abhay Ahuja, J.; advocates: Bijal Gogri (GNP Legal / O. M. Gujar Law Chambers), Pawan Kilnake (SG Legal & Associates), Sangram Suryavanshi with Shubham Pasvant, Merlin Sam (P. D. Jain & Co.).
What did the court decide?
Commercial Execution Applications dismissed and respective arbitral awards set aside; connected Interim Applications and Chamber Summons dismissed/disposed; parties at liberty to initiate fresh arbitration proceedings; period from invocation of arbitration till today excluded for limitation; liberty to apply where an express written agreement under the proviso to Section 12(5) waives the ineligibility.