Tata Capital Limited (Formerly Known as Tata Capital Financial Services Ltd) v. Ashok Gangaram Porje (Borrower)
UNILATERALLY APPOINTED SOLE ARBITRATOR – ARBITRAL AWARDS SET ASIDE
Case brief
What is this about?
Keywords: unilateral appointment of sole arbitrator; arbitral award set aside; Commercial Execution Application; Execution Application; Bhadra International (India) Pvt. Ltd. v. Airports Authority of India; 2026 SCC Online SC 7; void ab initio appointment; ineligibility raised in execution; Prothonotary & Senior Master; fresh arbitration proceedings; limitation exclusion from invocation; waiver under proviso to Section 12(5), Arbitration and Conciliation Act 1996; chamber summons; interim application; Bombay High Court; Abhay Ahuja J.; Serial Nos. 902 to 925; decided 8 June 2026.
What did the court decide?
Respective arbitral awards set aside; Commercial Execution Applications / Execution Applications dismissed (connected Interim Applications and Chamber Summons, if any, disposed); parties permitted to initiate fresh arbitration in accordance with law with limitation period from invocation till today excluded; liberty to apply where an express written waiver of the sole arbitrator's ineligibility or the right to object under proviso to Section 12(5) of the Arbitration and Conciliation Act, 1996 exists.