Tata Capital Limited ( Formerly Known as Tata Capital Financial Services Ltd) v. Nagesh K Bandivadekar
Case brief
What is this about?
Bombay High Court, Ordinary Original Civil Jurisdiction (Abhay Ahuja, J., 18 April 2026): batch of Commercial Execution Applications (Serial Nos. 901-905, 907-997, 999-1094, 1096-1100, 1103-1122, 1142-1152); arbitral awards set aside as sole arbitrator unilaterally appointed; Supreme Court decision in Bhadra International (India) Pvt. Ltd. v. Airports Authority of India, 2026 SCC Online SC 7, applied (unilateral appointment void ab initio; ineligibility raisable at any stage, even in execution); execution applications, interim applications and chamber summons dismissed/disposed; parties permitted to initiate fresh arbitration; limitation exclusion for period from invocation of arbitration; liberty to apply under proviso to Section 12(5), Arbitration and Conciliation Act 1996, where ineligibility waived in writing.
What did the court decide?
Arbitral awards set aside; Commercial Execution Applications, connected Interim Applications and Chamber Summons dismissed/disposed; parties at liberty to initiate fresh arbitration with the period from invocation of arbitration till 18.04.2026 excluded for limitation; liberty to apply where an express written waiver under the proviso to Section 12(5) exists.