Dismissed¶14

Hdb Financial Services Limited v. Vijayendra Baburao More

Bombay HC18 Apr 2026EXA/2000/2024

Case brief

AI extract

What is this about?

unilateral appointment of sole arbitrator; void ab initio; arbitral award set aside; commercial execution application dismissed; Bhadra International (India) Pvt. Ltd. v. Airports Authority of India; 2026 SCC Online SC 7; Section 12(5) Arbitration and Conciliation Act 1996; proviso; waiver of ineligibility; limitation exclusion; fresh arbitration proceedings; Bombay High Court; Abhay Ahuja J.; chamber summons disposed

What did the court decide?

Arbitral awards set aside; Commercial Execution Applications, connected Interim Applications and Chamber Summons dismissed/disposed; parties free to initiate fresh arbitration proceedings with the period from invocation of arbitration till the date of the order excluded for limitation; liberty to apply where an express written waiver under the proviso to Section 12(5) exists. ¶14

Hdb Financial Services Limited vs Vijayendra Baburao More — Arbitration | Bombay HC (2026)

What the court decided

AI extract

Outcome

¶14

Issue for consideration

Whether, given the finding that the appointment of the sole arbitrator was unilateral, the respective arbitral awards should be set aside and the Commercial Execution Applications and connected Interim Applications and Chamber Summons dismissed/disposed. +2 more

¶10

Court's answer

It is open to the parties to initiate fresh arbitration proceedings in accordance with law, and the period from the invocation of the arbitration till the date of this order is excluded for limitation in initiating such fresh arbitration proceedings.

¶16

Ratio / Principle

Since the appointment of the sole arbitrator was found unilateral in all these matters, the respective arbitral awards stand set aside in view of the Supreme Court's decision in Bhadra International (India) Pvt. Ltd. v. Airports Authority of India, and the Commercial Execution Applications and the connected Interim Applications as well as any Chamber Summons stand dismissed/disposed.

¶10

Key takeaways

Liberty is granted to the parties to apply in the event there exists an express agreement in writing in terms of the proviso to Section 12(5) of the Arbitration and Conciliation Act, 1996 waiving the ineligibility of the sole arbitrator or the right to object under Section 12(5) of the said Act.ratio¶17

Detailed headnote1 paragraphs

Bombay High Court (Ordinary Original Civil Jurisdiction), batch of Commercial Execution Applications (Serial Nos. 901-905, 907-997, 999-1094, 1096-1100, 1103-1122 and 1142-1152) - matters listed in view of the Supreme Court decision in Bhadra International (India) Pvt. Ltd. and Others v. Airports Authority of India, 2026 SCC Online SC 7, observing that unilateral appointment of arbitrator is void ab initio and ineligibility can be raised at any stage, even in execution - office of the Prothonotary & Senior Master found the appointment of the sole arbitrator unilateral in all these matters - respective arbitral awards set aside; Commercial Execution Applications, connected Interim Applications and Chamber Summons dismissed/disposed - parties at liberty to initiate fresh arbitration proceedings in accordance with law - limitation: period from invocation of arbitration till the date of the order excluded - liberty to apply where an express agreement in writing under 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). (Abhay Ahuja, J.)

¶1

901 to 905, 907 to 997, 999 to 1094, 1096 to 1100, 1103 to 1122 and 1142 to 1152.doc

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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SERIAL NOS. 901 TO 905, 907 TO 997, 999 TO 1094, 1096 TO 1100, 1103 TO 1122 AND 1142 TO 1152

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Ms. Bijal Gogri i/b O. M. Gujar Law Chambers for the Applicant in Sr. No. 914,918,921,922,927,928,938,999,1085,1086,1097 to 1100, 1103 to 1109 and 1112 to 1118.

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Ms. Bijal Gogri i/b GNP Legal for the Applicant in Sr. No. 1096.

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CORAM : ABHAY AHUJA, J. DATE : 18^th April 2026

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PC:-

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All these matters have been listed in view of the decision of the

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Hon'ble Supreme Court in the case of Bhadra International (India) Pvt. Ltd. and Others vs. Airports Authority of India¹ where the Hon'ble Supreme Court has observed that unilateral appointment of arbitrator is void ab initio and the ineligibility can be raised at any stage and even in execution.

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Since in all these matters it has been found by the office of the Prothonotary & Senior Master of this Court that the appointment of the sole arbitrator has been unilateral, in view of the above decision of the Hon'ble Supreme Court, the respective arbitral awards stand set aside and the Commercial Execution Applications and the connected Interim

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1 2026 SCC Online SC 7

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Nikita Gadgil 1/2

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901 to 905, 907 to 997, 999 to 1094, 1096 to 1100, 1103 to 1122 and 1142 to 1152.doc

¶14

Applications as well as the Chamber Summons, if any, stand accordingly dismissed / disposed.

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It would be open to the parties to initiate fresh arbitration proceedings in accordance with law.

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As far as limitation is concerned, the period from the invocation of the arbitration till today be excluded in initiating fresh arbitration proceedings.

¶17

Liberty to apply in the event there exists an express agreement in writing in terms of proviso to Section 12(5) of the Arbitration and Conciliation Act, 1996 (the “said Act”) waiving the ineligibility of the sole arbitrator or the right to object under Section 12(5) of the said Act.

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(ABHAY AHUJA, J.)

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Digitally
signed by
NIKITA
NIKITA YOGESH
YOGESH GADGIL
GADGIL Date:
2026.04.18
17:20:01
+0530

¶20

Nikita Gadgil 2/2

Hdb Financial Services Limited v. Vijayendra Baburao More

Case brief

What is this about?

What did the court decide?

Hdb Financial Services Limited v. Vijayendra Baburao More

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

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Procedural history

Parties & counsel

Coram

Case details

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