Hdfc Bank Limited v. Chenaram Bhuparam Dewasi
Case brief
What is this about?
Keywords: unilateral appointment of arbitrator; void ab initio; ineligibility raisable at any stage even in execution; Bhadra International (India) Pvt. Ltd. v. Airports Authority of India, 2026 SCC Online SC 7; Commercial Execution Applications dismissed; arbitral awards set aside; Section 12(5) Arbitration and Conciliation Act 1996; proviso waiver in writing; fresh arbitration proceedings permitted; exclusion of limitation period from invocation of arbitration; Prothonotary & Senior Master finding; Chamber Summons disposed; Bombay High Court OOCJ; Abhay Ahuja J.; batch disposal Serial Nos. 32-221; dated 1 April 2026.
What did the court decide?
All applications in which the sole arbitrator's appointment was found unilateral stand dismissed and the respective arbitral awards stand set aside; the Commercial Execution Applications, connected Interim Applications and any Chamber Summons are disposed; parties may initiate fresh arbitration with the period from invocation till date excluded for limitation; liberty to apply where an express written waiver under the proviso to Section 12(5) exists.