Aditya Birla Finance Limited v. Fajlul Ansari
Execution / arbitration – Unilateral appointment of arbitrator
Case brief
What is this about?
Bombay High Court (Ordinary Original Civil Jurisdiction), Abhay Ahuja J., 15 June 2026 — Interim Applications Nos. 1102/2026, 790/2025, 791/2025 in Execution Application No. 298/2026 and Commercial Execution Applications Nos. 41/2025 and 57/2025; Auxile Finserve Pvt. Ltd. v. Sri Shirdi Sai Education Society; unilateral appointment of arbitrator treated as void ab initio; respective arbitration awards set aside; execution and interim applications dismissed/disposed; parties free to commence fresh arbitration; limitation exclusion from invocation of arbitration till order date; reliance on Bhadra International (India) Pvt. Ltd. v. Airports Authority of India, 2026 SCC Online SC 7.
What did the court decide?
The respective arbitration awards were set aside; the Execution Applications (including those taken on board) and the connected Interim Applications stood dismissed/disposed; the parties were permitted to initiate fresh arbitration in accordance with law, with the period from invocation of the arbitration till the date of the order excluded for limitation.