Tata Capital Financial Services Ltd. v. Shree Vijaya Engineering and Construction Pvt. Ltd.
Case brief
What is this about?
Unilateral appointment of sole arbitrator; arbitral awards set aside in execution; Bhadra International (India) Pvt. Ltd. vs. Airports Authority of India, 2026 SCC Online SC 7 applied; Commercial Execution Applications / Execution Applications dismissed / disposed; fresh arbitration permitted; limitation exclusion from invocation of arbitration till date; liberty to apply on express written waiver under proviso to Section 12(5), Arbitration and Conciliation Act, 1996; Prothonotary & Senior Master finding; Bombay High Court; Abhay Ahuja, J.; 9th June 2026.
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 permitted to initiate fresh arbitration with the period from invocation of arbitration till the date of the order excluded for limitation; liberty to apply on an express written waiver under the proviso to Section 12(5) of the Arbitration and Conciliation Act, 1996.