Kotak Mahindra Bank Ltd. v. Rsg Infotech Pvt. Ltd.
Case brief
What is this about?
Unilateral appointment of sole arbitrator void ab initio per Bhadra International (India) Pvt. Ltd. and Others v. Airports Authority of India, 2026 SCC Online SC 7; Bombay High Court sets aside arbitral awards and dismisses Commercial Execution / Execution Applications (Sr. Nos. 901-920 and 924) with connected Interim Applications and Chamber Summons; fresh arbitration permitted; limitation exclusion from invocation of arbitration till order; liberty under proviso to Section 12(5), Arbitration and Conciliation Act 1996, for express waiver of ineligibility; finding by office of Prothonotary & Senior Master; Abhay Ahuja, J.; dated 9 June 2026.
What did the court decide?
Arbitral awards set aside; Commercial Execution Applications / Execution Applications, connected Interim Applications and Chamber Summons stand dismissed / disposed; parties may initiate fresh arbitration in accordance with law; the period from invocation of arbitration till the date of the order is excluded for limitation; liberty to apply where an express written agreement waives the ineligibility or the Section 12(5) objection right.