Kotak Mahindra Bank Limited v. Swarnparsh Gems and Jewellery Pvt. Ltd. and 2 Ors.
Execution – Notice under Order XXI, Rule 22 of the Code of Civil Procedure – arbitral award – unilateral appointment of sole arbitrator
Case brief
What is this about?
Bombay High Court (Rajesh S. Patil, J., 2 February 2026), Kotak Mahindra Bank Ltd. v. Swarnparsh Gems and Jewellery Pvt. Ltd. — Notice under Order XXI Rule 22 CPC in execution (EXA/539/2021); unilateral appointment of sole arbitrator; award declared non-est, non-executable and void-ab-initio even at execution stage; reliance on Bhadra International (India) Pvt. Ltd. v. Airport Authority of India (SC, Civil Appeal No. 37-38 of 2026) and L & T Finance Ltd. v. Sangeeta Bhansali (Bom HC); execution dismissed; fresh arbitration permitted with limitation exclusion.
What did the court decide?
Arbitral award declared non-est in law, non-executable and void-ab-initio; Execution Application dismissed; Notice and Interim Applications disposed of; liberty to initiate fresh arbitration with limitation exclusion from the date of invocation. ¶21