Shriram Finance Co. Ltd.(Previously Known as Shriram Transport Finance Limited) v. Nayana Sunil Ganjale
Case brief
What is this about?
Unilateral appointment of sole arbitrator; arbitral awards set aside in execution; Bhadra International (India) Pvt. Ltd. v. Airports Authority of India, 2026 SCC Online SC 7; Section 12(5) Arbitration and Conciliation Act 1996; proviso to Section 12(5) waiver of ineligibility; Commercial Execution Applications Bombay High Court; Prothonotary & Senior Master; fresh arbitration permitted; limitation exclusion from invocation of arbitration; Chamber Summons dismissed; Abhay Ahuja J.; 18 April 2026.
What did the court decide?
Respective arbitral awards set aside; Commercial Execution Applications, 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 18 April 2026 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.