Tata Capital Limited (Formerly Knonw as Tata Capital Financial Services Ltd.) v. Rahul Bhanudas Alhat
Case brief
What is this about?
Bombay High Court, Abhay Ahuja J., 8 June 2026, Serial Nos. 902-925 (batch): execution applications enforcing arbitral awards dismissed and awards set aside because the sole arbitrator's appointment was unilateral, relying on Bhadra International (India) Pvt. Ltd. v. Airports Authority of India, 2026 SCC Online SC 7 (unilateral appointment void ab initio; ineligibility raisable at any stage, even in execution); fresh arbitration permitted; limitation exclusion from invocation till order; liberty under proviso to Section 12(5), Arbitration and Conciliation Act 1996, for express written waiver; Prothonotary & Senior Master finding; Commercial Execution Application.
What did the court decide?
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 of arbitration till the date of the order excluded for limitation; liberty to apply where an express written agreement under the proviso to Section 12(5) waives the ineligibility.