Tata Capital Limited Formerly Known as Tata Capital Financial Services Ltd. v. Ramesh Mohazade (Borrower)
Bombay HC (Ordinary Original Civil Jurisdiction) – Execution of arbitral award – unilateral appointment of Arbitrator
Case brief
What is this about?
Tata Capital Limited v Ramesh Mohazade (Borrower); Bombay High Court, Ordinary Original Civil Jurisdiction; Abhay Ahuja, J.; IA 2738 of 2025 in EXA 1878 of 2025; decision 15 April 2026; unilateral appointment of Arbitrator; void ab initio; ineligibility raisable even in execution; Bhadra International (India) Pvt. Ltd. and others v Airports Authority of India, 2026 SCC Online SC 7; arbitral award dated 14 September 2022 set aside; Execution Application and connected Interim Application dismissed/disposed; bailable warrant / process cancelled; parties may initiate fresh arbitration proceedings; limitation exclusion of period from invocation of arbitration till today; Section 12(5) of 'the said Act'; proviso waiver of ineligibility of sole arbitrator; liberty to apply.
What did the court decide?
Award dated 14 September 2022 set aside; Execution Application and connected Interim Application dismissed/disposed; bailable warrant / process issued under execution cancelled; parties permitted to initiate fresh arbitration proceedings; period from invocation of arbitration till today excluded for limitation purposes; liberty to apply if an express written agreement waiving the sole arbitrator's ineligibility / right to object exists under proviso to Section 12(5).