Shriram Finance Ltd. (Previously Known as (Shriram Transport Financ Company Ltd) v. Dattatray Raghunath Pawar (Borrower)
Case brief
What is this about?
Unilateral appointment of sole arbitrator; arbitral awards set aside; Commercial Execution Applications dismissed/disposed; fresh arbitration permitted; limitation exclusion from date of invocation till order; liberty to apply on express written waiver under Section 12(5) proviso; Bhadra International (India) Pvt. Ltd. and Others vs. Airports Authority of India, 2026 SCC Online SC 7; Arbitration and Conciliation Act, 1996; Bombay High Court, Abhay Ahuja J.; 16 April 2026; Serial Nos. 901 to 1149; Prothonotary & Senior Master finding.
What did the court decide?
Parties are permitted to initiate fresh arbitration proceedings in accordance with law; the period from invocation of the arbitration till today is excluded for limitation in initiating fresh arbitration proceedings; liberty to apply where an express agreement in writing under the proviso to Section 12(5) waives the ineligibility of the sole arbitrator or the right to object under Section 12(5). No monetary relief granted; the respective arbitral awards were set aside.