Disposed

Kotak Mahindra Bank Ltd. v. Dalip Singh

Bombay HC28 Apr 2026EXA/206/2025

Case brief

AI extract

What is this about?

Multiple commercial execution applications involving unilateral appointment of sole arbitrators were dismissed after the court applied a Supreme Court decision holding unilateral arbitrator appointments void ab initio. Awards set aside, parties free to seek fresh arbitration with limitation relief.

What did the court decide?

Arbitral awards set aside; execution applications dismissed; liberty to pursue fresh arbitration with limitation exclusion from invocation date.

Kotak Mahindra Bank Ltd. vs Dalip Singh — Arbitration | Bombay HC (2026)

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901 TO 910, 912 , 1024 TO 1004, 1008 TO 1022, 1024 TO 1144 AND 1151 TO 1158.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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SERIAL NOS. 901 TO 910, 912 TO 1022, 1024 TO 1004, 1008 TO 1022, 1024 TO 1144 AND 1151 TO 1158

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Mr. Pratik Barot with Ms. Angel Pandy i/b Kruti Bhavsar for the Respondent in Sr.No. 917.

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Ms. Rahila Memon with Ms. Reet Jain i/b S. I. Joshi & Co. for the Applicant in Sr. No. 918.

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Mr. Padmakar S. Garad i/b SG Legal & Associates for the Applicant in Sr. Nos. 951, 958, 991, 992, 994, 1054, 1055, 1112, 1114 to 1118 and 1152 to 1154.

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Ms. Vedika Pedhambkar i/b Akhil Modi & Associates for the Applicant in Sr. Nos. 1157 and 1158.

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Ms. Bijal Gogri i/b O. M. Gujar Law Chambers for the Applicant in Sr. No. 911, 916, 917,944,945,978,1022,1023,1024,1029,1030 & 1060. Ms. Bijal Gogri i/b GNP Legal for the Applicant in Sr. No. 1028.

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Mr. Vaibhav V. Ugle with Mr. Shubham Pasvant for the Applicant in Sr. No. 1041 to 1044.

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Ms. Asha Bose i/b Ms. Swatantri Waghmare for the Applicant in Sr. No. 1110.

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None present in other matters.

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CORAM : ABHAY AHUJA, J. DATE : 28^th April 2026

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PC:-

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All these matters have been listed in view of the decision of the

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Hon'ble Supreme Court in the case of Bhadra International (India) Pvt.

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Ltd. and Others vs. Airports Authority of India¹ where the Hon'ble

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Digitally signed by NIKITA NIKITA YOGESH YOGESH GADGIL GADGIL Date: 2026.04.28 19:03:52 +0530

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Supreme Court has observed that unilateral appointment of arbitrator

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1 2026 SCC Online SC 7

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Nikita Gadgil 1/2

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901 TO 910, 912 , 1024 TO 1004, 1008 TO 1022, 1024 TO 1144 AND 1151 TO 1158.doc

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is void ab initio and the ineligibility can be raised at any stage and even in execution.

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Since in all these matters it has been found by the office of the Prothonotary & Senior Master of this Court that the appointment of the sole arbitrator has been unilateral, in view of the above decision of the Hon'ble Supreme Court, the respective arbitral awards stand set aside and the Commercial Execution Applications / Execution Applications, and the connected Interim Applications as well as the Chamber Summons, if any, accordingly stand dismissed / disposed.

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It would be open to the parties to initiate fresh arbitration proceedings in accordance with law.

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As far as limitation is concerned, the period from the invocation of the arbitration till today be excluded in initiating fresh arbitration proceedings.

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Liberty to apply in the event there exists an express agreement in writing in terms of proviso to Section 12(5) of the Arbitration and Conciliation Act, 1996 (the “said Act”) waiving the ineligibility of the sole arbitrator or the right to object under Section 12(5) of the said Act.

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(ABHAY AHUJA, J.)

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Nikita Gadgil 2/2

Kotak Mahindra Bank Ltd. v. Dalip Singh

Case brief

What is this about?

What did the court decide?

Kotak Mahindra Bank Ltd. v. Dalip Singh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

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Case details

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