Tata Capital Limited ( Formerly Known as Tata Capital Financial Services Ltd) v. Viraj Fish Traders
Case brief
What is this about?
Unilateral appointment of sole arbitrator; appointment void ab initio; objection to arbitrator ineligibility raisable at any stage including execution; arbitral awards set aside in execution; Commercial Execution Applications and Execution Applications dismissed/disposed; connected Interim Applications and Chamber Summons disposed; fresh arbitration permitted; limitation exclusion from invocation till order date; liberty to apply on express written waiver under proviso to Section 12(5) Arbitration and Conciliation Act 1996; Bhadra International (India) Pvt. Ltd. v. Airports Authority of India 2026 SCC Online SC 7 followed; Bombay High Court OOCJ; Abhay Ahuja J.; batch disposal by serial numbers 901-1086, 1090, 1094, 1097-1156; Prothonotary & Senior Master finding.
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 in accordance with law; period from invocation of arbitration till 29-04-2026 excluded for limitation; liberty to apply on existence of an express written waiver under the proviso to Section 12(5) of the Arbitration and Conciliation Act, 1996.