Kotak Mahindra Bank Limited v. Shravan Kumar
Case brief
What is this about?
Unilateral appointment of sole arbitrator; arbitral awards set aside at execution stage following Bhadra International (India) Pvt. Ltd. v. Airports Authority of India, 2026 SCC OnLine SC 7 (unilateral appointment void ab initio; objection raisable even in execution); Commercial Execution Applications / Execution Applications with connected interim applications and chamber summons dismissed / disposed; fresh arbitration permitted; limitation — period from invocation of arbitration till order date excluded; liberty under proviso to Section 12(5), Arbitration and Conciliation Act 1996 (written waiver of ineligibility); Bombay High Court, Abhay Ahuja J, 7 May 2026; batch Serial Nos. 903-1091.
What did the court decide?
Arbitral awards set aside; Commercial Execution Applications / Execution Applications, connected Interim Applications and Chamber Summons dismissed / disposed; parties at liberty to initiate fresh arbitration in accordance with law, with the period from invocation of arbitration till the date of the order excluded for limitation; liberty to apply on proof of an express written waiver under the proviso to Section 12(5) of the Arbitration and Conciliation Act, 1996.