Indusind Bank Ltd. v. Laxmi Shetty and Anrs
Case brief
What is this about?
Unilateral appointment of sole arbitrator; arbitral awards set aside; execution applications dismissed; reliance on Bhadra International (India) Pvt. Ltd. and Others vs. Airports Authority of India, 2026 SCC Online SC 7 (void ab initio; ineligibility raisable at any stage and even in execution); Section 12(5) Arbitration and Conciliation Act 1996 proviso waiver; fresh arbitration permitted; limitation exclusion from invocation till order; finding by office of Prothonotary & Senior Master; High Court of Judicature at Bombay, Ordinary Original Civil Jurisdiction; Abhay Ahuja J.; order dated 07-05-2026; batch Serial Nos. 903 to 1091; Commercial Execution Applications; Chamber Summons; Interim Applications.
What did the court decide?
Respective arbitral awards set aside; Commercial Execution Applications / Execution Applications and connected Interim Applications and Chamber Summons dismissed / disposed; parties permitted to initiate fresh arbitration with the period from invocation till the date of the order excluded for limitation; liberty to apply where an express written agreement waives the Section 12(5) ineligibility or right to object.