Tata Capital Limited v. Ajay Ambadas Rathod
Case brief
What is this about?
Unilateral appointment of sole arbitrator — Bombay High Court (Abhay Ahuja J., 16-04-2026), relying on Bhadra International (India) Pvt. Ltd. v. Airports Authority of India, 2026 SCC Online SC 7 (unilateral appointment void ab initio; ineligibility raisable even in execution), set aside the arbitral awards and dismissed / disposed the Commercial Execution Applications with connected Interim Applications and Chamber Summons; parties free to initiate fresh arbitration; limitation exclusion from invocation till order; liberty to apply under proviso to S. 12(5), Arbitration and Conciliation Act 1996, where waiver exists.
What did the court decide?
Respective arbitral awards set aside; Commercial Execution Applications and connected Interim Applications and Chamber Summons (if any) dismissed / disposed; parties at liberty to initiate fresh arbitration proceedings with the period from invocation of arbitration till the date of the order excluded for limitation; liberty to apply under the proviso to Section 12(5) where the ineligibility or right to object stands waived by express written agreement.