Tata Capital Limited v. Suraj Chaturgun Tiwari
Case brief
What is this about?
Bombay HC (Abhay Ahuja, J., 16-04-2026), Serial Numbers 49, 56 to 58 - Commercial Execution Applications: arbitral awards based on unilateral sole-arbitrator appointments set aside in view of SC ruling in Bhadra International (India) Pvt. Ltd. and Others vs. Airports Authority of India (2026 SCC Online SC 7: unilateral appointment void ab initio; ineligibility raisable even in execution); execution applications, interim applications and chamber summons dismissed / disposed; fresh arbitration permitted, with exclusion from limitation of the period from invocation till order date; liberty reserved re waiver under proviso to Section 12(5), Arbitration and Conciliation Act, 1996.
What did the court decide?
Arbitral awards set aside; Commercial Execution Applications, connected Interim Applications and Chamber Summons dismissed / disposed; parties permitted to initiate fresh arbitration in accordance with law; period from invocation of arbitration till 16 April 2026 excluded for limitation; liberty to apply where an express written waiver exists under the proviso to Section 12(5) of the Arbitration and Conciliation Act, 1996.