Kotak Mahindra Bank Ltd. v. Guru Raut
Case brief
What is this about?
Batch disposal (Serial Nos. 902–925) of Commercial/ordinary Execution Applications enforcing arbitral awards: awards set aside and applications (with connected Interim Applications and Chamber Summons) dismissed/disposed because the sole arbitrator's appointment was unilateral, relying on Bhadra International (India) Pvt. Ltd. v. Airports Authority of India, 2026 SCC OnLine SC 7 (unilateral appointment void ab initio; ineligibility raisable at any stage, even in execution). Fresh arbitration permitted; limitation period from invocation of arbitration till order-date excluded; liberty to apply where express written waiver exists under proviso to Section 12(5), Arbitration and Conciliation Act, 1996. Keywords: unilateral appointment of arbitrator; void ab initio; execution application; arbitral award set aside; Section 12(5) ACA 1996; fresh arbitration; limitation exclusion.
What did the court decide?
Setting aside of the respective arbitral awards; dismissal/disposal of the Commercial Execution Applications / Execution Applications and the connected Interim Applications and Chamber Summons (if any); liberty to initiate fresh arbitration proceedings in accordance with law; exclusion, for limitation purposes, of the period from invocation of the arbitration till the date of the order; and liberty to apply where an express written agreement under the proviso to Section 12(5) of the Arbitration and Conciliation Act, 1996 waives the sole arbitrator's ineligibility or the right to object under Section 12(5).