Moneywise Financial Sercise v. Hotel Shree Ram Bhavan
Case brief
What is this about?
Bombay High Court batch order (Serial Nos. 902–1148) dated 5 May 2026 by Abhay Ahuja, J.: unilateral appointment of sole arbitrator found by Prothonotary & Senior Master; arbitral awards set aside; Commercial Execution Applications / Execution Applications, Interim Applications and Chamber Summons dismissed or disposed; reliance on Supreme Court decision Bhadra International (India) Pvt. Ltd. vs. Airports Authority of India, 2026 SCC Online SC 7 (unilateral appointment void ab initio; objection even in execution); liberty to initiate fresh arbitration; limitation exclusion from invocation till judgment date; liberty to apply under proviso to Section 12(5), Arbitration and Conciliation Act, 1996 (waiver of ineligibility); none appeared for parties.
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 limitation period from invocation till the date of judgment excluded; liberty to apply on waiver under the proviso to Section 12(5), Arbitration and Conciliation Act, 1996.