Hdfc Bank Ltd. v. Mohammed Azman Rasool
Case brief
What is this about?
Unilateral appointment of sole arbitrator void ab initio; Commercial Execution Applications dismissed; arbitral awards set aside; Bhadra International (India) Pvt. Ltd. v. Airports Authority of India, 2026 SCC Online SC 7, relied upon; ineligibility raisable at any stage and even in execution; Prothonotary & Senior Master finding; Section 12(5) proviso waiver, Arbitration and Conciliation Act 1996; limitation exclusion from invocation of arbitration; liberty to initiate fresh arbitration; connected Interim Applications and Chamber Summons disposed; Bombay High Court, Abhay Ahuja, J.; Suraj Gupta for Applicants/Claimants.
What did the court decide?
Applications dismissed; respective arbitral awards set aside; Commercial Execution Applications, connected Interim Applications and any Chamber Summons disposed; parties free to initiate fresh arbitration with limitation exclusion from invocation till the date of the order; liberty to apply where an express written waiver under the proviso to Section 12(5) exists.