Shriram Finance Limited v. Satish Prakash Shinde
Case brief
What is this about?
Batch order, Bombay High Court (O.O.C.J.), judge Abhay Ahuja, 28-04-2026: Commercial Execution/Execution Applications (Serial Nos. 901 to 910, 912 to 1022, 1024 to 1144, 1151 to 1158) dismissed and underlying arbitral awards set aside because the sole arbitrator's appointment was found unilateral; decided in view of Bhadra International (India) Pvt. Ltd. v. Airports Authority of India, 2026 SCC OnLine SC 7 (unilateral appointment void ab initio; objection raisable at any stage, even in execution); fresh arbitration permitted with limitation exclusion from 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 stand set aside; the Commercial Execution Applications / Execution Applications and the connected Interim Applications and Chamber Summons (if any) stand dismissed / disposed; parties are free to initiate fresh arbitration proceedings in accordance with law, with the period from invocation of the arbitration till the date of the order excluded for limitation; liberty to apply where an express written agreement waives ineligibility or the right to object in terms of proviso to Section 12(5) of the Arbitration and Conciliation Act, 1996.