Kotak Mahindra Bank Limited v. Ravinder Kumar Singh
Case brief
What is this about?
Bombay High Court batch order (Serial Nos. 901 to 1003, 1005 and 1008 to 1151), Abhay Ahuja J., 27-04-2026: unilateral appointment of sole arbitrator found by Prothonotary & Senior Master; arbitral awards set aside; execution applications, interim applications and chamber summons dismissed/disposed; reliance on Supreme Court decision Bhadra International (India) Pvt. Ltd. v. Airports Authority of India, 2026 SCC Online SC 7 (unilateral appointment void ab initio; ineligibility raisable even in execution); fresh arbitration permitted; limitation period from invocation till order date excluded; liberty to apply on express written waiver under proviso to Section 12(5), Arbitration and Conciliation Act 1996.
What did the court decide?
Respective arbitral awards set aside; Commercial Execution Applications / Execution Applications and connected Interim Applications and Chamber Summons dismissed / disposed; parties permitted to initiate fresh arbitration proceedings; period from invocation of arbitration till today excluded for limitation; liberty to apply where an express written agreement under the proviso to Section 12(5) waives the ineligibility or right to object.