Bajaj Finance Limited v. Satyanarayan Tidke
Case brief
What is this about?
Bombay High Court batch order (Abhay Ahuja, J., 10 April 2026) dismissing Commercial Execution Applications in which the sole arbitrator's appointment was found unilateral; respective arbitral awards set aside in view of the Supreme Court ruling in Bhadra International (India) Pvt. Ltd. v. Airports Authority of India (2026 SCC Online SC 7) that unilateral appointment is void ab initio and objectionable at any stage, even in execution; parties permitted fresh arbitration with limitation exclusion from the date of invocation; liberty to apply on an express written waiver under the proviso to Section 12(5), Arbitration and Conciliation Act, 1996. Keywords: unilateral appointment of arbitrator; Section 12(5); set aside arbitral award; execution application; fresh arbitration; limitation.
What did the court decide?
Applications dismissed and respective arbitral awards set aside; parties left free to initiate fresh arbitration in accordance with law, with the period from invocation of arbitration till the date of order excluded for limitation, and liberty to apply where an express written waiver under the proviso to Section 12(5) exists.