Kotak Mahindra Bank Ltd. v. Regal Impex and Anr.
Arbitration – Unilateral appointment of sole arbitrator
Case brief
What is this about?
Bombay High Court (Abhay Ahuja, J., 4 May 2026) batch order in Commercial Execution Applications / Execution Applications, Serial Nos. 902 to 1151. Following the Supreme Court's decision in Bhadra International (India) Pvt. Ltd. v. Airports Authority of India, 2026 SCC Online SC 7 (unilateral appointment of arbitrator void ab initio; ineligibility raisable at any stage, even in execution), and on the Prothonotary & Senior Master's finding that the sole arbitrator's appointment was unilateral, the Court set aside the arbitral awards and dismissed / disposed the execution applications with connected interim applications and chamber summons. Parties permitted to initiate fresh arbitration; period from invocation of arbitration till the order excluded for limitation; liberty to apply where Section 12(5) ineligibility waived by express written agreement.
What did the court decide?
Arbitral awards set aside; Commercial Execution Applications / Execution Applications and connected Interim Applications and Chamber Summons dismissed / disposed; parties at liberty to initiate fresh arbitration proceedings in accordance with law; limitation — period from invocation of the arbitration till the date of the order excluded; liberty to apply where an express written agreement under the proviso to Section 12(5) waives the sole arbitrator's ineligibility or the right to object under Section 12(5).