Kotak Mahindra Bank Limited v. Narayan Shankar Limkar
Case brief
What is this about?
Unilateral appointment of sole arbitrator; arbitral awards set aside in execution; reliance on Bhadra International (India) Pvt. Ltd. and Others vs. Airports Authority of India, 2026 SCC OnLine SC 7; unilateral appointment void ab initio; ineligibility raisable at any stage and even in execution; Section 12(5) Arbitration and Conciliation Act 1996 proviso waiver; fresh arbitration permitted; limitation exclusion from invocation till date; Prothonotary & Senior Master finding; Bombay High Court batch disposal of Commercial Execution Applications / Execution Applications.
What did the court decide?
Respective arbitral awards stand set aside; execution applications with connected interim applications and chamber sums dismissed / disposed; parties permitted to initiate fresh arbitration proceedings in accordance with law, with the period from invocation of the arbitration till the date of this order excluded for limitation purposes; 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).