L and T Finance Limited v. Narayan Tractors
Case brief
What is this about?
unilateral appointment of sole arbitrator; void ab initio; ineligibility raisable at any stage even in execution; Bhadra International (India) Pvt. Ltd. vs Airports Authority of India 2026 SCC Online SC 7; Section 12(5) Arbitration and Conciliation Act 1996; proviso waiver of ineligibility; right to object under Section 12(5); arbitral awards set aside; Commercial Execution Applications dismissed; connected Interim Applications; Chamber Summons; fresh arbitration permitted; limitation exclusion from invocation till order; Prothonotary & Senior Master; Bombay High Court OOCJ; Abhay Ahuja J; batch disposal Serial Nos. 903-1151
What did the court decide?
No execution relief to the applicants; arbitral awards set aside and the Commercial Execution Applications / Execution Applications with connected Interim Applications and Chamber Summons dismissed / disposed; parties at liberty to initiate fresh arbitration, with the period from invocation of arbitration till the date of the order excluded for limitation, and liberty to apply where an express written waiver under the proviso to Section 12(5) exists