Tata Capital Limited (Formerly Known as Tata Capital Financial Services Ltd.) v. Rahul Bhanudas Alahat
Case brief
What is this about?
Unilateral appointment of sole arbitrator — 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 — unilateral appointment void ab initio — ineligibility can be raised at any stage and even in execution — Commercial Execution Applications / Execution Applications dismissed / disposed — fresh arbitration permitted — limitation: period from invocation till order date excluded — liberty to apply under proviso to Section 12(5), Arbitration and Conciliation Act, 1996, waiver of ineligibility — Bombay High Court, Abhay Ahuja, J., 9th June, 2026.
What did the court decide?
Respective arbitral awards set aside; Commercial Execution Applications / Execution Applications and 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 agreement waives the sole arbitrator's ineligibility or the right to object under Section 12(5) of the Arbitration and Conciliation Act, 1996.