Aditya Birla Capital Limited v. Sunitha Traders
Case brief
What is this about?
IA 5356 of 2025 in Execution Application No. 2387 of 2025, High Court of Bombay, OOCJ (Abhay Ahuja, J.): arbitral award dated 22nd July, 2024 set aside on the ground of unilateral appointment of the arbitrator, applying Bhadra International (India) Pvt. Ltd. v. Airports Authority of India, 2026 SCC Online SC 7; Execution Application and connected Interim Application dismissed; parties permitted to initiate fresh arbitration with limitation exclusion from the date of invocation till today; liberty to apply under proviso to Section 12(5), Arbitration and Conciliation Act, 1996, for express written waiver of ineligibility.
What did the court decide?
Award dated 22nd July, 2024 set aside; Execution Application No. 2387 of 2025 and the connected Interim Application dismissed; parties at liberty to initiate fresh arbitration proceedings, with the period from invocation of the arbitration till today excluded for limitation; liberty to apply under the proviso to Section 12(5) if an express written waiver of the arbitrator's ineligibility exists