Hdb Financial Services Ltd. v. Parvezahmed v Qureshi
Case brief
What is this about?
Unilateral appointment of sole arbitrator void ab initio; arbitral awards set aside; commercial execution applications and execution applications dismissed / disposed along with interim applications and chamber summons; fresh arbitration permitted; limitation exclusion from date of invocation of arbitration; waiver of arbitrator ineligibility under proviso to Section 12(5) Arbitration and Conciliation Act 1996; reliance on Bhadra International (India) Pvt. Ltd. vs. Airports Authority of India, 2026 SCC Online SC 7; finding by office of Prothonotary & Senior Master; Bombay High Court; Abhay Ahuja, J.
What did the court decide?
Arbitral awards set aside; the Commercial Execution Applications / Execution Applications and connected Interim Applications and Chamber Summons stand dismissed / disposed; parties permitted to initiate fresh arbitration proceedings in accordance with law, with the period from invocation of the arbitration till the date of this order excluded for limitation; liberty to apply where an express agreement in writing under the proviso to Section 12(5) waives the arbitrator's ineligibility or the right to object.