Indusind Bank Limited v. Shivraj C Malekari and Anr.
Case brief
What is this about?
Bombay HC (Abhay Ahuja J., 23.04.2026) batch disposal of Commercial Execution/Execution Applications (Sr. Nos. 901-903, 905-1150): arbitral awards founded on unilateral appointment of sole arbitrator set aside applying Supreme Court ruling in Bhadra International v. Airports Authority of India (2026 SCC Online SC 7) that unilateral appointment is void ab initio and objectionable even in execution; execution applications, interim applications and chamber summonses dismissed/disposed; fresh arbitration permitted with limitation exclusion from invocation till order date; liberty under proviso to S.12(5) Arbitration and Conciliation Act 1996 for express waiver of arbitrator 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, with the period from invocation of arbitration till the date of the order excluded for limitation; liberty to apply where an express written agreement under proviso to Section 12(5) of the Arbitration and Conciliation Act, 1996 waives the sole arbitrator's ineligibility.