Tata Capital Limited (Formerly Known as Tata Capital Financial Services Ltd) v. Anil Ramchandra Dikav
Case brief
What is this about?
Unilateral appointment of arbitrator; arbitral award dated 8 March 2024 set aside; Execution Application No. 726 of 2025 and Interim Application No. 1018 of 2025 dismissed; reliance on Bhadra International (India) Pvt. Ltd. and others v. Airports Authority of India, 2026 SCC Online SC 7; proviso to Section 12(5) of the said Act (statute not named in the order) — waiver of arbitrator ineligibility / right to object; exclusion of limitation period from invocation of arbitration for fresh arbitration; Tata Capital Limited v. Anil Ramchandra Dikav; High Court of Judicature at Bombay; Abhay Ahuja, J.; 6 April 2026.
What did the court decide?
Arbitral award dated 8 March 2024 set aside; Execution Application No. 726 of 2025 and the connected Interim Application No. 1018 of 2025 dismissed; parties free to initiate fresh arbitration, with the period from invocation of arbitration until the date of the order excluded for limitation; liberty to apply if an express written agreement under the proviso to Section 12(5) of the said Act waives the sole arbitrator's ineligibility or right to object.