Indusind Bank Litd v. Lalchand Ramprasad Rajbhar
Case brief
What is this about?
Unilateral appointment of sole arbitrator; arbitral awards set aside in execution proceedings; Bhadra International (India) Pvt. Ltd. and Others v. Airports Authority of India, 2026 SCC Online SC 7 relied on; void ab initio appointment; ineligibility raised even in execution; Section 12(5) Arbitration and Conciliation Act 1996 proviso waiver; exclusion of limitation period from invocation till order for fresh arbitration; Commercial Execution Applications / Execution Applications dismissed / disposed; connected interim applications and chamber summons disposed; Bombay High Court, Ordinary Original Civil Jurisdiction; Abhay Ahuja, J.; dated 29th April 2026.
What did the court decide?
No relief to the Applicants: the respective arbitral awards stand set aside and the Commercial Execution Applications / Execution Applications, connected Interim Applications and Chamber Summons stand dismissed / disposed. Parties are at liberty to initiate fresh arbitration in accordance with law; the period from invocation of arbitration till the date of the order is excluded for limitation; and liberty to apply is granted where an express written agreement waives the sole arbitrator's ineligibility or the right to object under Section 12(5) of the Arbitration and Conciliation Act, 1996.