Kotak Mahindra Bank Limited v. Nitesh Kumar v B Pathak
Case brief
What is this about?
Bombay High Court batch dismissal of commercial execution applications and setting aside of arbitral awards on ground of unilateral appointment of sole arbitrator, following Supreme Court ruling in Bhadra International vs. Airports Authority of India (void ab initio appointment; objection raisable even in execution); fresh arbitration permitted, limitation exclusion from invocation date, liberty to apply under proviso to Section 12(5) Arbitration and Conciliation Act 1996 for express written waiver; coram Abhay Ahuja J.; dated 10 April 2026.
What did the court decide?
All listed applications stand dismissed and the respective arbitral awards stand set aside; parties are at liberty to initiate fresh arbitration in accordance with law, with the period from invocation of arbitration till today excluded for limitation; liberty to apply where an express agreement in writing waives the ineligibility under the proviso to Section 12(5) of the Arbitration and Conciliation Act, 1996.