Tata Capital Limited v. Jitendra Magan Tamkhane
Case brief
What is this about?
Unilateral appointment of sole arbitrator; award set aside in execution; Commercial Execution Applications dismissed; Bhadra International (India) Pvt. Ltd. vs. Airports Authority of India, 2026 SCC Online SC 7, followed; unilateral appointment void ab initio; ineligibility raisable at any stage including execution; Section 12(5) Arbitration and Conciliation Act 1996; express written waiver under proviso; fresh arbitration permitted; limitation exclusion from invocation till order; Prothonotary & Senior Master; Chamber Summons and Interim Applications dismissed; Bombay High Court; Abhay Ahuja, J.
What did the court decide?
No relief to the applicants: the Commercial Execution Applications and connected Interim Applications and Chamber Summons stand dismissed/disposed and the respective arbitral awards stand set aside; parties may initiate fresh arbitration in accordance with law, with the period from invocation of arbitration till this order excluded for limitation, and liberty to apply upon an express written waiver under the proviso to Section 12(5) of the Arbitration and Conciliation Act, 1996