Tata Capital Limited v. Nagi Engineering
Case brief
What is this about?
Unilateral appointment of sole arbitrator — arbitral awards set aside in execution — Bhadra International (India) Pvt. Ltd. and Others v. Airports Authority of India, 2026 SCC Online SC 7 applied — unilateral appointment void ab initio, ineligibility raisable even in execution — Section 12(5), proviso, Arbitration and Conciliation Act 1996 — fresh arbitration permitted — limitation exclusion from invocation till order — Commercial Execution Applications dismissed/disposed — Bombay High Court, OOCJ, Abhay Ahuja J, 16-04-2026.
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 free to initiate fresh arbitration in accordance with law, with the period from invocation of arbitration till the date of order excluded for limitation; liberty to apply where ineligibility under Section 12(5) is waived by express written agreement.