Tata Capital Limited(Formerly Known as Tata Capital Financial Services Ltd) v. Jyoti Engineering Infra Works Pro Jyotiben Bharatbhai Kareliya and Anr.
Case brief
What is this about?
Unilateral appointment of Arbitrator; awards set aside; execution applications dismissed/disposed; fresh arbitration permitted; limitation exclusion from invocation till 15.04.2026; proviso to Section 12(5) waiver; ineligibility of sole arbitrator void ab initio; Bhadra International (India) Pvt. Ltd. v. Airports Authority of India; 2026 SCC Online SC 7; Tata Capital Financial Services Limited; Digvijay J. Patel; High Court of Bombay OOCJ; Abhay Ahuja, J.; Interim Application in Execution Application.
What did the court decide?
Respective awards set aside; Execution Applications and connected Interim Applications dismissed/disposed; parties permitted to initiate fresh arbitration proceedings in accordance with law; limitation period from invocation of arbitration until the date of judgment (15 April 2026) excluded for fresh proceedings; liberty to apply reserved where an express written waiver under the proviso to Section 12(5) exists.