Dismissed¶12

Tata Capital Financial Services Ltd. v. Om Enterprises

Bombay HC18 Mar 2026EXA/65/2026

Case brief

AI extract

What is this about?

Unilateral appointment of arbitrator; arbitral award dated 6 October 2021 set aside at execution stage; reliance on Bhadra International (India) Pvt. Ltd. v. Airports Authority of India, 2026 SCC Online SC 7 (void ab initio; ineligibility raisable even in execution); Execution Application dismissed; fresh arbitration permitted; limitation exclusion from invocation till order date; Bombay HC, Abhay Ahuja J., Tata Capital Financial Services Ltd. v. Om Enterprises.

What did the court decide?

Arbitral award dated 6th October, 2021 set aside; Execution Application dismissed; parties permitted to initiate fresh arbitration proceedings in accordance with law, with the limitation period from invocation of the arbitration till the date of the order excluded. ¶12

Tata Capital Financial Services Ltd. vs Om Enterprises — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

¶12

Issue for consideration

Whether the arbitral award dated 6th October, 2021, rendered under a unilaterally appointed Arbitrator, ought to be set aside when challenged at the execution stage, given that ineligibility of a unilaterally appointed arbitrator can be raised at any stage and even in execution.

¶8

Court's answer

This Court set aside the arbitral award dated 6th October, 2021 on account of the unilateral appointment of the Arbitrator, and the Execution Application stands dismissed.

¶12

Ratio / Principle

The parties are at liberty to initiate fresh arbitration proceedings in accordance with law.

¶13

Key takeaways

For purposes of initiating fresh arbitration proceedings, the period from the invocation of the arbitration till the date of this order shall be excluded in computing limitation.ratio¶14

Detailed headnote1 paragraphs

Bombay High Court (OOCJ), Execution Application No. 65 of 2026 — Abhay Ahuja, J., 10th June 2026. On the Applicant's (Tata Capital Financial Services Ltd.) submission that the Arbitrator had been unilaterally appointed, reliance being placed on the Supreme Court decision in Bhadra International (India) Pvt. Ltd. and others vs. Airports Authority of India (2026 SCC Online SC 7) that unilateral appointment of an arbitrator is void ab initio and the ineligibility can be raised at any stage and even in execution, the Court set aside the arbitral award dated 6th October, 2021 and dismissed the Execution Application. The parties were left free to initiate fresh arbitration proceedings in accordance with law, and the limitation period from the invocation of the arbitration till the date of the order was directed to be excluded. Respondent (Om Enterprises) was unrepresented.

Tata Capital Financial Services Ltd. v. Om Enterprises

Case brief

What is this about?

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Tata Capital Financial Services Ltd. v. Om Enterprises

Case brief

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What the court decided

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