SBI Cards and Payments Services Ltd. v. Nitin Khapare
Case brief
What is this about?
Batch of Commercial/Execution Applications (Sr. Nos. 901-920 and 924), Bombay HC, Abhay Ahuja J, decided 09-06-2026. Unilateral appointment of sole arbitrator found by Prothonotary & Senior Master; arbitral awards set aside following Bhadra International (India) Pvt. Ltd. and Others v. Airports Authority of India, 2026 SCC Online SC 7 (unilateral appointment void ab initio; objection even in execution); execution applications, connected interim applications and chamber summons dismissed/disposed; fresh arbitration permitted; limitation exclusion from invocation till order; liberty to apply on express written waiver under proviso to Section 12(5), Arbitration and Conciliation Act 1996.
What did the court decide?
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, with the period from invocation of arbitration till today excluded for limitation; liberty to apply where an express written waiver under the proviso to Section 12(5) exists.