Kotak Mahindra Prime Limited v. Tejal Ramesh Ajgaonakr
Case brief
What is this about?
Unilateral appointment of sole arbitrator void ab initio; ineligibility raisable at any stage including execution; Section 12(5) Arbitration and Conciliation Act, 1996; proviso to Section 12(5) waiver by express agreement in writing; arbitral awards set aside; Commercial Execution Application dismissed; connected Interim Applications and Chamber Summons disposed; fresh arbitration proceedings permitted; limitation exclusion from invocation of arbitration; Bhadra International (India) Pvt. Ltd. vs. Airports Authority of India; 2026 SCC Online SC 7; Bombay High Court; Abhay Ahuja; batch disposal of serial numbered execution matters; Prothonotary and Senior Master finding.
What did the court decide?
Arbitral awards set aside; Commercial Execution Applications and connected Interim Applications and Chamber Summons dismissed/disposed; parties permitted to initiate fresh arbitration proceedings in accordance with law; limitation exclusion of the period from invocation of arbitration till the date of the order; liberty to apply where an express written agreement under the proviso to Section 12(5) of the Arbitration and Conciliation Act, 1996 waives the ineligibility or the right to object.