Capital India Home Loans Limited v. Shrawan Kumar Agarwal and 2 Ors.
Arbitration – unilateral appointment of Arbitrator – award dated 31st January, 2022 set aside
Case brief
What is this about?
Unilateral appointment of arbitrator; arbitral award dated 31.01.2022 set aside at the execution stage; Bhadra International (India) Pvt. Ltd. v. Airports Authority of India (2026 SCC Online SC 7) followed; execution application and connected interim application dismissed; liberty to initiate fresh arbitration; limitation exclusion from date of invocation till order; Capital India Home Loans Limited v. Shrawan Kumar Agarwal & Ors.; Interim Application No. 929 of 2024 in Execution Application No. 1176 of 2025; High Court of Bombay, Ordinary Original Civil Jurisdiction; Abhay Ahuja, J.; 16th June, 2026.
What did the court decide?
Award dated 31st January, 2022 set aside; Execution Application No. 1176 of 2025 and the connected Interim Application No. 929 of 2024 dismissed; parties at liberty to initiate fresh arbitration proceedings in accordance with law; period from the invocation of the arbitration till the date of the order excluded for limitation in initiating fresh arbitration