Hdb Financial Services Limited v. Swati Shamu Pawar
Case brief
What is this about?
Bombay HC (Abhay Ahuja, J.) batch-dismisses Commercial Execution Applications and sets aside arbitral awards passed on foot of unilaterally appointed sole arbitrators, following the Supreme Court in Bhadra International (India) Pvt. Ltd. v. Airports Authority of India (2026 SCC Online SC 7); fresh arbitration permitted, limitation exclusion from invocation till order, liberty on express S.12(5) waiver.
What did the court decide?
No relief to the Applicants: the Commercial Execution Applications stand dismissed and the respective arbitral awards stand set aside; connected Interim Applications and Chamber Summons, if any, stand dismissed/disposed. Parties permitted to initiate fresh arbitration in accordance with law, with the period from invocation of arbitration till the date of the order excluded for limitation, and liberty to apply where an express written agreement waives ineligibility under the proviso to Section 12(5) of the Arbitration and Conciliation Act, 1996.