Dismissed

Bajaj Finance Limited v. Ishanya Innovations Pvt.Ltd.

Bombay HC24 Apr 2026EXA/639/2025

Case brief

AI extract

What is this about?

Batch of commercial execution applications where the sole arbitrator had been unilaterally appointed. Following Supreme Court findings that unilateral arbitrator appointment is void ab initio, court set aside respective arbitral awards and dismissed or disposed the applications, permitting fresh arbitration with limitation exclusion.

What did the court decide?

Arbitral awards set aside; parties free to initiate fresh arbitration with excluded limitation period and liberty to apply on express Section 12(5) waiver.

Bajaj Finance Limited vs Ishanya Innovations Pvt.Ltd. — Arbitration | Bombay HC (2026)

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902, 904 to 933, 935 to 949, 951 to 1108, 1110,1112 to 1123, 1129 to 1141, 1143 to 1151.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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SERIAL NOS. 902, 904 TO 933, 935 TO 949,951 TO 1108, 1110, 1112 TO 1123, 1128 TO 1141, 1143 TO 1151

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Ms. Bijal Gogri i/b O.M. Gujar Law Chambers for the Applicant in Sr. Nos.902, 904, 933, 936, 937, 947, 948, 951, 986, 1019, 1108, 1110, 1112 to 1115, 1129 & 1142.

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Ms. Bijal Gogri i/b GNP Legal for the Applicant in Sr. Nos. 939,940 & 942.

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Mr. Pawan Kulmakar i/b SG Legal & Associates for the Applicant in Sr. Nos. 945, 952, 975, 976, 977, 983, 984 & 987. None present in other matters.

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CORAM : ABHAY AHUJA, J. DATE : 24^th April 2026

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PC:-

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All these matters have been listed in view of the decision of the

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Hon'ble Supreme Court in the case of Bhadra International (India) Pvt.

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Ltd. and Others vs. Airports Authority of India¹ where the Hon'ble Supreme Court has observed that unilateral appointment of arbitrator is void ab initio and the ineligibility can be raised at any stage and even in execution.

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Since in all these matters it has been found by the office of the Prothonotary & Senior Master of this Court that the appointment of the sole arbitrator has been unilateral, in view of the above decision of the Hon'ble Supreme Court, the respective arbitral awards stand set aside

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1 2026 SCC Online SC 7

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Nikita Gadgil 1/2

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Digitally signed by NIKITA NIKITA YOGESH YOGESH GADGIL GADGIL Date: 2026.04.24 18:08:42 +0530

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902, 904 to 933, 935 to 949, 951 to 1108, 1110,1112 to 1123, 1129 to 1141, 1143 to 1151.doc

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and the Commercial Execution Applications / Execution Applications, and the connected Interim Applications as well as the Chamber Summons, if any, accordingly stand dismissed / disposed.

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It would be open to the parties to initiate fresh arbitration proceedings in accordance with law.

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As far as limitation is concerned, the period from the invocation of the arbitration till today be excluded in initiating fresh arbitration proceedings.

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Liberty to apply in the event there exists an express agreement in writing in terms of proviso to Section 12(5) of the Arbitration and Conciliation Act, 1996 (the “said Act”) waiving the ineligibility of the sole arbitrator or the right to object under Section 12(5) of the said Act.

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(ABHAY AHUJA, J.)

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Nikita Gadgil 2/2

Bajaj Finance Limited v. Ishanya Innovations Pvt.Ltd.

Case brief

What is this about?

What did the court decide?

Bajaj Finance Limited v. Ishanya Innovations Pvt.Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Coram

Case details

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