Moneywise Financial Services Pvt. Ltd. v. Take Care Medico
Case brief
What is this about?
unilateral appointment of arbitrator; void ab initio; ineligibility raised at any stage and even in execution; Bhadra International (India) Pvt. Ltd. vs Airports Authority of India; 2026 SCC OnLine SC 7; arbitral awards set aside; execution application dismissed; Commercial Execution Application; Bombay High Court; Ordinary Original Civil Jurisdiction; Abhay Ahuja J; Prothonotary & Senior Master; fresh arbitration proceedings; limitation exclusion from invocation; Section 12(5) Arbitration and Conciliation Act 1996; proviso; express waiver in writing; Interim Applications; Chamber Summons.
What did the court decide?
Arbitral awards set aside; Commercial Execution Applications / Execution Applications and connected Interim Applications and Chamber Summons dismissed / disposed; parties free to initiate fresh arbitration with exclusion of the period from invocation till the date of the order for limitation; liberty to apply under the proviso to Section 12(5) where an express written waiver exists.