Bajaj Finance Limited v. Mohammed Nazir Shaikh
Case brief
What is this about?
Bombay High Court batch order dismissing commercial execution applications and setting aside arbitral awards where the sole arbitrator's appointment was unilateral, relying on the Supreme Court decision in Bhadra International (India) Pvt. Ltd. v. Airports Authority of India, 2026 SCC Online SC 7: unilateral appointment of arbitrator void ab initio; ineligibility raisable at any stage including execution; parties permitted to commence fresh arbitration with the limitation period from invocation till date excluded; liberty to apply under proviso to Section 12(5), Arbitration and Conciliation Act 1996, on express written waiver.
What did the court decide?
Liberty to initiate fresh arbitration proceedings in accordance with law; the period from the invocation of the arbitration till today excluded for limitation in fresh proceedings; liberty to apply where an express agreement in writing waives the sole arbitrator's ineligibility or the right to object under Section 12(5).