Auxilo Finserve Pvt. Ltd. v. Sri Shiridi Sai Education Society
Arbitration – Unilateral appointment of Arbitrator – Challenge at execution stage
Case brief
What is this about?
Unilateral appointment of arbitrator; setting aside of arbitral awards at the execution stage; Bhadra International (India) Pvt. Ltd. vs. Airports Authority of India, 2026 SCC Online SC 7; void ab initio; ineligibility raisable even in execution; liberty for fresh arbitration; limitation exclusion from invocation of arbitration till order date; High Court of Bombay, Ordinary Original Civil Jurisdiction; Abhay Ahuja, J.; Execution Application No. 298 of 2026; Commercial Execution Applications Nos. 41 and 57 of 2025; Interim Applications Nos. 1102 of 2026, 790 of 2025, 791 of 2025; Auxile Finserve Pvt. Ltd.; Sri Shirdi Sai Education Society.
What did the court decide?
Respective arbitral awards set aside; the execution applications (including those taken on board) and the connected interim applications stand dismissed/disposed; parties left free to initiate fresh arbitration proceedings in accordance with law, with the period from invocation of the arbitration till the date of the order excluded for limitation.