Kotak Mahindra Bank Limited v. Manickam R Gounder
Case brief
What is this about?
Unilateral appointment of sole arbitrator; arbitral awards set aside; Commercial Execution Applications / Execution Applications dismissed-disposed; 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 and its proviso; waiver of ineligibility by express agreement in writing; fresh arbitration proceedings permitted; limitation exclusion from invocation of arbitration till order date; Bombay High Court OOCJ; Abhay Ahuja J.; batch Serial Nos. 902 to 1151.
What did the court decide?
Respective arbitral awards set aside; Commercial Execution Applications / Execution Applications and connected Interim Applications and Chamber Summons, if any, dismissed / disposed; parties permitted to initiate fresh arbitration proceedings in accordance with law; period from invocation of arbitration till the date of the order excluded for limitation; liberty to apply where an express agreement in writing under the proviso to Section 12(5) waives the sole arbitrator's ineligibility or the right to object under Section 12(5).