Kotak Mahindra Bank Limited vs Krishna R Singh — Arbitration | Bombay HC (2026)

Kotak Mahindra Bank Limited vs Krishna R Singh — Arbitration | Bombay HC (2026)

What the court decided

AI extract

Outcome

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

Issue for consideration

Whether, given the finding that the sole arbitrator was unilaterally appointed in all these matters and having regard to the Supreme Court's Bhadra International decision, the respective arbitral awards should be set aside and the Commercial Execution Applications with connected interim applications/chamber summons dismissed or disposed. +2 more

Court's answer

Since the appointment of the sole arbitrator in all these matters was found by the office of the Prothonotary & Senior Master to be unilateral, then in view of the Hon'ble Supreme Court's decision in Bhadra International (India) Pvt. Ltd. vs. Airports Authority of India, the respective arbitral awards stand set aside, and the Commercial Execution Applications together with the connected Interim Applications and any Chamber Summons stand dismissed / disposed.

Ratio / Principle

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

Key takeaways

For initiating fresh arbitration proceedings, the period from the invocation of the arbitration until the date of this order is to be excluded for limitation purposes.ratio¶20
Liberty to apply is reserved for the event that an express agreement in writing exists, 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).ratio¶21

Detailed headnote1 paragraphs

Bombay High Court (Ordinary Original Civil Jurisdiction), Abhay Ahuja, J., 21 April 2026 - Batch disposal of Commercial Execution Applications (Serial Nos. 901 to 1151). The office of the Prothonotary & Senior Master had found that in all these matters the sole arbitrator's appointment was unilateral. Following the Hon'ble Supreme Court's decision in Bhadra International (India) Pvt. Ltd. and Others vs. Airports Authority of India, 2026 SCC Online SC 7 (observing that unilateral appointment of arbitrator is void ab initio and ineligibility can be raised at any stage, even in execution), the Court set aside the respective arbitral awards and dismissed / disposed of the Commercial Execution Applications, connected Interim Applications and any Chamber Summons. Parties were left free to initiate fresh arbitration in accordance with law; for limitation, the period from invocation of arbitration till the date of the order stands excluded; and liberty to apply was reserved where an express agreement in writing, in terms of 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).

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