Dismissed

Hdfc Bank Limited v. Ravi Kumar

Bombay HC22 Apr 2026EXA/887/2024

Case brief

AI extract

What is this about?

This order sets aside multiple arbitral awards due to unilateral arbitrator appointment following a Supreme Court decision. Parties are permitted to initiate fresh arbitration with limited period excluding prior dates, subject to liberty regarding waivers.

What did the court decide?

Arbitral awards set aside; fresh arbitration permitted; period from invocation to today excluded for limitation; liberty granted to apply if waiver exists under Section 12(5).

Hdfc Bank Limited vs Ravi Kumar — Arbitration | Bombay HC (2026)

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901 to 975 and 977 to 1155.doc

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

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SERIAL NOS. 901 TO 975 AND 977 TO 1155

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Ms. Bijal Gogri i/b GNP Legal for the Applicant in Sr. No. 926, 948 and 949.

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Ms. Bijal Gogri i/b O.M. Gujar Law Chambers for the Applicant in Sr. No.927,930,975 and 980.

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Mr. Suraj Gupta i/b SG Legal & Associates for the Applicant in Sr. No. 928,929,951,1014 to 1018,1022 to 1024,1027,1028,1039 and 1060. Ms. Reena Lange i/b PMH Law for the Applicant in Sr.no. 930. None present in other matters.

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CORAM : ABHAY AHUJA, J. DATE : 22^nd April 2026

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PC:-

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All these matters have been listed in view of the decision of the 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 and the Commercial Execution Applications / Execution Applications,

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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 NIKITAYOGESH YOGESH GADGIL GADGIL Date:2026.04.22 19:39:20 +0530

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901 to 975 and 977 to 1155.doc

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and the connected Interim Applications as well as the Chamber Summons, if any, stand accordingly 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

Hdfc Bank Limited v. Ravi Kumar

Case brief

What is this about?

What did the court decide?

Hdfc Bank Limited v. Ravi Kumar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Coram

Case details

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