Moneywise Financial Services Pvt. Ltd. v. Ace of Web Aces Borrower
Arbitration – Unilateral appointment of sole arbitrator – Execution proceedings
Case brief
What is this about?
Bombay High Court, Ordinary Original Civil Jurisdiction (Abhay Ahuja, J., 8th June 2026), Serial Nos. 902 to 925, Commercial Execution Applications / Execution Applications: matters listed in view of Bhadra International (India) Pvt. Ltd. and Others vs. Airports Authority of India, 2026 SCC Online SC 7 (unilateral appointment of arbitrator void ab initio; ineligibility raisable at any stage, even in execution); sole arbitrator's appointment found unilateral by office of Prothonotary & Senior Master; arbitral awards set aside; execution applications and connected interim applications/chamber summonses dismissed/disposed; fresh arbitration permitted; limitation exclusion for period from invocation till date; liberty under proviso to Section 12(5), Arbitration and Conciliation Act, 1996, for express written waiver; advocates Vedika Pedhambkar and Bijal Gogri for Applicants.
What did the court decide?
Arbitral awards set aside on the ground of unilateral appointment of the sole arbitrator; Commercial Execution Applications / Execution Applications and 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 this order excluded for limitation; liberty to apply under the proviso to Section 12(5), Arbitration and Conciliation Act, 1996, where an express written waiver of ineligibility exists.