Hdfc Bank Limited v. Kaushik N Sanghvi
Case brief
What is this about?
Batch of Commercial Execution Applications, Bombay High Court (Abhay Ahuja, J., 10-04-2026), dismissed and arbitral awards set aside owing to unilateral appointment of sole arbitrator found by the office of the Prothonotary & Senior Master; reliance on Supreme Court decision Bhadra International (India) Pvt. Ltd. and Others v. Airports Authority of India, 2026 SCC Online SC 7 (unilateral appointment of arbitrator void ab initio; ineligibility raisable at any stage, even in execution); fresh arbitration permitted; limitation period from invocation of arbitration till date of order excluded; liberty to apply where express written waiver under proviso to Section 12(5), Arbitration and Conciliation Act 1996; connected Interim Applications and Chamber Summons dismissed/disposed.
What did the court decide?
Applications dismissed and respective arbitral awards set aside; connected Interim Applications and Chamber Summons dismissed/disposed; parties may initiate fresh arbitration proceedings; period from invocation of arbitration till the date of the order excluded for limitation; liberty to apply where an express written agreement under the proviso to Section 12(5) waives the ineligibility.