Au Small Finance Bank Limited v. Suhit Jayesh Jhaveri
Case brief
What is this about?
Batch order, Bombay High Court (OOCJ), Abhay Ahuja J., 16-04-2026, Commercial Execution Applications Sr. Nos. 901-1149: unilateral appointment of sole arbitrator found by Prothonotary & Senior Master; relying on Supreme Court decision in Bhadra International (India) Pvt. Ltd. v. Airports Authority of India (2026 SCC Online SC 7) that unilateral arbitrator appointment is void ab initio and ineligibility raisable at any stage including execution, arbitral awards set aside and execution applications, interim applications and chamber summons dismissed/disposed; parties may initiate fresh arbitration; limitation exclusion from invocation till order date; liberty to apply for express written waiver under proviso to Section 12(5), Arbitration and Conciliation Act 1996; advocate: Bijal Gogri i/b GNP Legal (Sr. No. 1041).
What did the court decide?
Arbitral awards set aside; Commercial Execution Applications and connected Interim Applications and Chamber Summons dismissed/disposed. Parties left free to initiate fresh arbitration, with the period from invocation of arbitration till 16 April 2026 excluded for limitation; liberty to apply where an express written waiver under the proviso to Section 12(5) of the Arbitration and Conciliation Act, 1996 exists.