Indusind Bank Limited v. Anand John Asade and 2 Ors.
Case brief
What is this about?
Bombay High Court batch order (Abhay Ahuja, J., 23-04-2026) in Commercial Execution Applications / Execution Applications, Serial Nos. 901 to 903 and 905 to 1150: arbitral awards set aside on unilateral appointment of sole arbitrator, applying 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 ineligibility can be raised at any stage, even in execution; execution applications, interim applications and chamber summons dismissed / disposed; fresh arbitration permitted; limitation exclusion from invocation of arbitration till date; liberty under proviso to Section 12(5), Arbitration and Conciliation Act, 1996, for express written waiver of ineligibility.
What did the court decide?
Respective 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 agreement in terms of the proviso to Section 12(5), Arbitration and Conciliation Act, 1996, waives the sole arbitrator's ineligibility or the right to object under Section 12(5).