Tata Capital Financial Services Limited v. Joginder Singh Rana
Case brief
What is this about?
Unilateral appointment of sole arbitrator void ab initio - batch of Commercial Execution Applications / Execution Applications, Bombay High Court (Abhay Ahuja, J., 27-04-2026) - arbitral awards set aside following Supreme Court decision in Bhadra International (India) Pvt. Ltd. and Others vs. Airports Authority of India, 2026 SCC Online SC 7 (ineligibility raisable at any stage, even in execution); execution applications, interim applications and chamber summons dismissed / disposed; fresh arbitration permitted; limitation exclusion of period from invocation till date of order; liberty to apply on express written waiver under proviso to Section 12(5), Arbitration and Conciliation Act, 1996.
What did the court decide?
Respective arbitral awards set aside; Commercial Execution Applications / Execution Applications with connected Interim Applications and Chamber Summons dismissed / disposed; parties free to initiate fresh arbitration in accordance with law; period from invocation of arbitration till the date of the order excluded for limitation; liberty to apply where an express written waiver under the proviso to Section 12(5) exists.