Hdb Financial Services Limited v. Shilpa J More
Case brief
What is this about?
Unilateral appointment of sole arbitrator void ab initio; ineligibility raisable at any stage even in execution; arbitral awards set aside in batch of Commercial/Execution Applications; execution applications, interim applications and chamber summons dismissed/disposed; fresh arbitration permitted; limitation exclusion from invocation of arbitration till order date; liberty where express written waiver under proviso to Section 12(5), Arbitration and Conciliation Act 1996; followed Supreme Court decision in Bhadra International (India) Pvt. Ltd. v. Airports Authority of India, 2026 SCC Online SC 7; Prothonotary & Senior Master finding; High Court of Judicature at Bombay, OOCJ; Abhay Ahuja, J.; order dated 30th April 2026; Serial Nos. 902 to 1158.
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; limitation - period from invocation of the arbitration till the date of the order (30th April 2026) excluded for fresh arbitration; liberty to apply where an express written agreement waiving the Section 12(5) ineligibility exists.