Kotak Mahindra Bank Limited vs Sanatan Mistry — Arbitration | Bombay HC (2026)

Kotak Mahindra Bank Limited vs Sanatan Mistry — Arbitration | Bombay HC (2026)

What the court decided

AI extract

Outcome

Arbitral awards set aside; Commercial Execution Applications and connected Interim Applications and Chamber Summons, if any, stand dismissed / disposed; parties at liberty to initiate fresh arbitration in accordance with law, with the period from invocation of the arbitration till today excluded for limitation; liberty to apply where an express written agreement waiving ineligibility under proviso to Section 12(5) exists.

Issue for consideration

Whether arbitral awards in matters where the sole arbitrator was appointed unilaterally are to be set aside in these commercial execution proceedings. +1 more

Court's answer

In all these matters the appointment of the sole arbitrator having been found unilateral, and in view of the decision of the Hon'ble Supreme Court in Bhadra International (India) Pvt. Ltd. and Others vs. Airports Authority of India, the respective arbitral awards stand set aside.

Ratio / Principle

The Commercial Execution Applications and the connected Interim Applications as well as the Chamber Summons, if any, stand accordingly dismissed / disposed.

Key takeaways

It is open to the parties to initiate fresh arbitration proceedings in accordance with law.ratio¶19
For initiating fresh arbitration proceedings, the period from the invocation of the arbitration till today stands excluded for limitation purposes.ratio¶20
Liberty to apply is granted in the event there exists an express agreement in writing, in terms of the proviso to Section 12(5) of the Arbitration and Conciliation Act, 1996, waiving the ineligibility of the sole arbitrator or the right to object under Section 12(5).

Detailed headnote1 paragraphs

Batch of Commercial Execution Applications (Serial Nos. 901 to 1151), High Court of Judicature at Bombay (Ordinary Original Civil Jurisdiction), Abhay Ahuja, J., decided 21 April 2026. The office of the Prothonotary & Senior Master found that in each matter the sole arbitrator had been appointed unilaterally. Acting in view of the Supreme Court decision in Bhadra International (India) Pvt. Ltd. and Others vs. Airports Authority of India, 2026 SCC Online SC 7 (unilateral appointment of arbitrator void ab initio; ineligibility can be raised at any stage and even in execution), the Court set aside the respective arbitral awards and dismissed / disposed of the Commercial Execution Applications together with the connected Interim Applications and Chamber Summons, if any. Parties were left open to initiate fresh arbitration in accordance with law, with the period from the invocation of the arbitration till the date of the order excluded for limitation; liberty to apply was reserved where an express agreement in writing under the proviso to Section 12(5), Arbitration and Conciliation Act, 1996, waives the ineligibility of the sole arbitrator or the right to object under Section 12(5).

901 to 1151.doc

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

SERIAL NOS. 901 TO 1151

Mr. Suraj Gupta i/b S. G. Lega & Associates for the Applicant in Sr. No. 907, 914 and 1033 to 1038.

Mr. Raj Ambetkar i/bMs. Swantantri Waghmare for the Applicant in Sr. No. 1018.

None present in other matters.

CORAM : ABHAY AHUJA, J. DATE : 21^st April 2026

PC:-

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

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

Ltd. and Others vs. Airports Authority of India¹ where the Hon'ble Supreme Court has observed that unilateral appointment of arbitrator is void ab initio and the ineligibility can be raised at any stage and even in execution.

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, the said applications, in view of the above decision of the Hon'ble Supreme Court, the respective arbitral awards stand set aside and the Commercial Execution Applications and

NIKITA YOGESH GADGIL

Digitally signed by NIKITA YOGESH GADGIL Date: 2026.04.21 17:33:11 +0530

the connected Interim Applications as well as the Chamber Summons, if any, stand accordingly dismissed / disposed.

1 2026 SCC Online SC 7

Nikita Gadgil 1/2

901 to 1151.doc

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

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

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.

(ABHAY AHUJA, J.)

Nikita Gadgil 2/2