Kotak Mahindra Bank Ltd., vs Shivkumar Harish Chawan — Arbitration | Bombay HC (2026)

Kotak Mahindra Bank Ltd., vs Shivkumar Harish Chawan — Arbitration | Bombay HC (2026)

What the court decided

AI extract

Outcome

Respective arbitral awards set aside; Commercial Execution Applications / Execution Applications and connected Interim Applications and Chamber Summons dismissed / disposed; parties free to initiate fresh arbitration with the period from invocation till the date of this order excluded for limitation; liberty to apply where an express written waiver under the proviso to Section 12(5) of the Arbitration and Conciliation Act, 1996 exists.

Issue for consideration

Whether, in view of the Supreme Court's decision in Bhadra International (India) Pvt. Ltd. v. Airports Authority of India and the finding that the sole arbitrator was unilaterally appointed, the arbitral awards in these matters should be set aside and the execution applications dismissed/disposed. +2 more

Court's answer

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

Ratio / Principle

In all these matters, since the office of the Prothonotary & Senior Master found the sole arbitrator's appointment to have been unilateral, in view of the Supreme Court's decision the respective arbitral awards stand set aside.

Key takeaways

The Commercial Execution Applications / Execution Applications, and the connected Interim Applications as well as the Chamber Summons, if any, accordingly stand dismissed / disposed.ratio¶8
For limitation purposes, the period from the invocation of the arbitration till the date of this order is excluded in initiating fresh arbitration proceedings.ratio¶13
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 sole arbitrator's ineligibility or the right to object under Section 12(5).

Detailed headnote1 paragraphs

Batch order, High Court of Judicature at Bombay (OOCJ), Abhay Ahuja, J., 5 May 2026, disposing Commercial Execution Applications / Execution Applications (cause-list serial nos. 902 to 1148, with gaps) together with connected Interim Applications and Chamber Summons. Acting on the Supreme Court's decision in Bhadra International (India) Pvt. Ltd. and Others v. Airports Authority of India, 2026 SCC Online SC 7, and on the finding by the office of the Prothonotary & Senior Master that the sole arbitrator's appointment in each matter was unilateral, the Court set aside the respective arbitral awards and dismissed / disposed the execution applications and connected matters. Parties were permitted to initiate fresh arbitration proceedings in accordance with law, with the period from invocation of arbitration till the date of the order excluded for limitation. Liberty to apply was granted where an express agreement in writing exists, per the proviso to Section 12(5) of the Arbitration and Conciliation Act, 1996, waiving the sole arbitrator's ineligibility or the right to object under Section 12(5). None appeared for the parties.

902 to 1148.doc

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

SERIAL NOS. 902 TO 909, 911 TO 924, 926 TO 938, 941 TO 981, 983 TO 988, 993 TO 1002, 1005, 1007 TO 1021, 1023 TO 1026, 1032 TO 1047, 1049 TO 1073, 1075 TO 1110, 1113 TO 1135, 1137 TO 1148

None appears for the parties.

CORAM : ABHAY AHUJA, J. DATE : 5^th MAY, 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, 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.

1 2026 SCC Online SC 7

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902 to 1148.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.

NIKITA YOGESH GADGIL

(ABHAY AHUJA, J.)

Digitally signed by NIKITA YOGESH GADGIL Date: 2026.05.06 19:15:11 +0530

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