Hdfc Bank Limited v. Ashok Atmaram Tirlotkar
Case brief
What is this about?
Unilateral appointment of sole arbitrator void ab initio; arbitral awards set aside in execution proceedings; Bhadra International (India) Pvt. Ltd. and Others v. Airports Authority of India, 2026 SCC Online SC 7 followed; proviso to Section 12(5) Arbitration and Conciliation Act 1996 waiver of ineligibility; Commercial Execution Applications and connected Interim Applications and Chamber Summons dismissed/disposed; liberty to initiate fresh arbitration; limitation exclusion from invocation of arbitration till date of order; Prothonotary & Senior Master finding; Bombay High Court OOCJ; 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 the date of the order excluded for limitation; liberty to apply where an express written agreement under the proviso to Section 12(5) of the Arbitration and Conciliation Act, 1996 waives the sole arbitrator's ineligibility or the right to object.