L and T Finance Limited v. Shaikh Sarifuddin Alauddin (Borrower) and Anr.
Case brief
What is this about?
Bombay HC batch judgment (Abhay Ahuja, J.), Serial Nos. 903 to 1151: Commercial Execution Applications / Execution Applications and connected Interim Applications / Chamber Summons dismissed-disposed and arbitral awards set aside as sole-arbitrator appointments were found unilateral, relying on Supreme Court decision Bhadra International (India) Pvt. Ltd. v. Airports Authority of India (2026 SCC Online SC 7) — unilateral appointment void ab initio, ineligibility raisable at any stage including execution; parties may initiate fresh arbitration with limitation period from invocation of arbitration till judgment date excluded; liberty to apply if express written waiver exists under proviso to Section 12(5), Arbitration and Conciliation Act 1996; counsel: Bijal Gogri, Merlin Sam, Reet Jain, Narayan R. Awate, Seema Phadatare, Pushkal Mishral, Rakesh Singh.
What did the court decide?
Respective arbitral awards set aside owing to unilateral appointment of the sole arbitrator; the Commercial Execution Applications / Execution Applications, connected Interim Applications and Chamber Summons (if any) stand dismissed / disposed; parties permitted to initiate fresh arbitration proceedings in accordance with law, with the period from invocation of arbitration till today excluded for limitation purposes; liberty to apply reserved where an express agreement in writing in terms of the proviso to Section 12(5) of the Arbitration and Conciliation Act, 1996 waives the ineligibility of the sole arbitrator or the right to object under Section 12(5).