Hdfc Bank Limited v. Broca Manmeetsingh Paramj
Case brief
What is this about?
Unilateral appointment of sole arbitrator void ab initio; ineligibility raisable at any stage even in execution; Bhadra International (India) Pvt. Ltd. v. Airports Authority of India, 2026 SCC Online SC 7 relied upon; Section 12(5) Arbitration and Conciliation Act 1996 and its proviso (written waiver of ineligibility); Commercial Execution Applications dismissed; arbitral awards set aside; Chamber Summons and Interim Applications disposed; fresh arbitration permitted; limitation exclusion from invocation till order date; Prothonotary & Senior Master finding; Bombay High Court, Ordinary Original Civil Jurisdiction; Abhay Ahuja, J.; batch order Serial Nos. 13 to 266 and 277 to 294; dated 6 April 2026.
What did the court decide?
No relief to the applicants: the Commercial Execution Applications, connected Interim Applications and Chamber Summons (if any) stand disposed with the applications dismissed and the arbitral awards set aside; parties are permitted to initiate fresh arbitration, with the period from invocation till the date of the order excluded for limitation, and liberty to apply where Section 12(5) ineligibility was waived by express written agreement.