Axis Bank Limited vs Atique Shaheed Khan — Arbitration | Bombay HC (2026)

Axis Bank Limited vs Atique Shaheed Khan — Arbitration | Bombay HC (2026)

What the court decided

AI extract

Outcome

Arbitral awards set aside; Commercial Execution Applications / Execution Applications and connected Interim Applications and Chamber Summons (if any) dismissed / disposed; parties at liberty to initiate fresh arbitration in accordance with law; period from invocation of arbitration till the date of the order 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.

Issue for consideration

Whether the arbitral awards in these execution matters are liable to be set aside on the ground that the appointment of the sole arbitrator was unilateral.

Court's answer

Since in all these matters the appointment of the sole arbitrator was found by the office of the Prothonotary & Senior Master to be unilateral, in view of the decision of the Hon'ble Supreme Court in Bhadra International (India) Pvt. Ltd. vs. Airports Authority of India, the respective arbitral awards stand set aside.

Ratio / Principle

The Commercial Execution Applications / Execution Applications and the connected Interim Applications as well as the Chamber Summons, if any, stand accordingly dismissed / disposed.

Key takeaways

It is open to the parties to initiate fresh arbitration proceedings in accordance with law.ratio¶17
As far as limitation is concerned, the period from the invocation of the arbitration till the date of this order is to be excluded in initiating fresh arbitration proceedings.ratio¶18
Liberty to apply in the event there exists an express agreement in writing, in terms of the proviso to Section 12(5) of the Arbitration and Conciliation Act, 1996, waiving the ineligibility of the sole arbitrator or the right to object under Section 12(5).

Detailed headnote1 paragraphs

Arbitration — Unilateral appointment of sole arbitrator — Batch of Commercial Execution Applications / Execution Applications (Ser. Nos. 901 to 975 and 977 to 1155) listed in view of the Supreme Court's decision in Bhadra International (India) Pvt. Ltd. and Others vs. Airports Authority of India, 2026 SCC Online SC 7, wherein it was observed that unilateral appointment of arbitrator is void ab initio and ineligibility can be raised at any stage, even in execution — Office of the Prothonotary & Senior Master found the appointment of the sole arbitrator unilateral in all these matters — Held, in view of the Supreme Court's decision, the respective arbitral awards stand set aside and the Commercial Execution Applications / Execution Applications and connected Interim Applications and Chamber Summons, if any, stand dismissed / disposed — Parties at liberty to initiate fresh arbitration proceedings in accordance with law — Period from invocation of arbitration till the date of the order excluded for limitation — Liberty to apply where an express agreement in writing under the proviso to Section 12(5) of the Arbitration and Conciliation Act, 1996 waives the ineligibility of the sole arbitrator or the right to object thereunder (Abhay Ahuja, J., 22 April 2026).

901 to 975 and 977 to 1155.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

SERIAL NOS. 901 TO 975 AND 977 TO 1155

Ms. Bijal Gogri i/b GNP Legal for the Applicant in Sr. No. 926, 948 and 949.

Ms. Bijal Gogri i/b O.M. Gujar Law Chambers for the Applicant in Sr. No.927,930,975 and 980.

Mr. Suraj Gupta i/b SG Legal & Associates for the Applicant in Sr. No. 928,929,951,1014 to 1018,1022 to 1024,1027,1028,1039 and 1060. Ms. Reena Lange i/b PMH Law for the Applicant in Sr.no. 930. None present in other matters.

CORAM : ABHAY AHUJA, J. DATE : 22^nd April 2026

PC:-

All these matters have been listed in view of the decision of the Hon'ble Supreme Court in the case of Bhadra International (India) Pvt.

Ltd. and Others vs. Airports Authority of India¹ where the Hon'ble Supreme Court has observed that unilateral appointment of arbitrator is void ab initio and the ineligibility can be raised at any stage and even in execution.

Since in all these matters it has been found by the office of the Prothonotary & Senior Master of this Court that the appointment of the sole arbitrator has been unilateral, in view of the above decision of the Hon'ble Supreme Court, the respective arbitral awards stand set aside and the Commercial Execution Applications / Execution Applications,

1 2026 SCC Online SC 7

Nikita Gadgil 1/2

Digitally signed by NIKITA NIKITAYOGESH YOGESH GADGIL GADGIL Date:2026.04.22 19:39:20 +0530

901 to 975 and 977 to 1155.doc

and the connected Interim Applications as well as the Chamber Summons, if any, stand accordingly dismissed / disposed.

It would be open to the parties to initiate fresh arbitration proceedings in accordance with law.

As far as limitation is concerned, the period from the invocation of the arbitration till today be excluded in initiating fresh arbitration proceedings.

Liberty to apply in the event there exists an express agreement in writing in terms of proviso to Section 12(5) of the Arbitration and Conciliation Act, 1996 (the “said Act”) waiving the ineligibility of the sole arbitrator or the right to object under Section 12(5) of the said Act.

(ABHAY AHUJA, J.)

Nikita Gadgil 2/2