Axis Bank (Formerly Known as Uti Bank Ltd) v. Maksud Ahmad Shaikh ((Judgement Debtor/Resp. No 1)
Case brief
What is this about?
Unilateral appointment of sole arbitrator void ab initio; Commercial Execution Applications dismissed; arbitral awards set aside; Bhadra International (India) Pvt. Ltd. and Others vs. Airports Authority of India, 2026 SCC Online SC 7; Section 12(5) Arbitration and Conciliation Act 1996; proviso waiver of ineligibility; right to object under Section 12(5); fresh arbitration proceedings permitted; limitation exclusion from invocation of arbitration till date of order; Prothonotary & Senior Master finding; Chamber Summons and Interim Applications disposed; Bombay High Court OOCJ; Justice Abhay Ahuja; Serial Nos. 901 to 1033, 1035 to 1055 and 1057 to 1148; neutral citation 2026:BHC-OS:8891.
What did the court decide?
All the listed applications stand dismissed and the Commercial Execution Applications, the connected Interim Applications and the Chamber Summons, if any, stand dismissed/disposed; the respective arbitral awards stand set aside; parties may initiate fresh arbitration in accordance with law with the period from invocation of arbitration till today excluded for limitation; liberty to apply where an express written waiver under the proviso to Section 12(5) of the Arbitration and Conciliation Act, 1996 exists.