Kotak Mahindra Bank Limited vs Gurpejsingh Gill — Arbitration | Bombay HC (2026)

Kotak Mahindra Bank Limited vs Gurpejsingh Gill — Arbitration | Bombay HC (2026)

What the court decided

AI extract

Outcome

The said applications stand dismissed and the respective arbitral awards stand set aside; the Commercial Execution Applications, the connected Interim Applications and the Chamber Summons (if any) stand dismissed/disposed. Parties may initiate fresh arbitration in accordance with law, with the period from invocation of arbitration till the date of the order excluded for limitation; liberty to apply where an express written agreement under the proviso to Section 12(5) waives the ineligibility of the sole arbitrator or the right to object under Section 12(5).

Issue for consideration

Whether, in view of the Supreme Court's decision in Bhadra International (India) Pvt. Ltd. v. Airports Authority of India that unilateral appointment of an arbitrator is void ab initio and ineligibility can be raised at any stage including in execution, the applications in which the sole arbitrator's appointment was found to be unilateral should be dismissed and the respective arbitral awards set aside. +2 more

Court's answer

Since in all these matters the appointment of the sole arbitrator was found by the office of the Prothonotary & Senior Master to be unilateral, the said applications stand dismissed and the respective arbitral awards stand set aside, in view of the Supreme Court's decision in Bhadra International.

Ratio / Principle

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

Key takeaways

For limitation purposes, the period from the invocation of the arbitration till the date of this order (15 April 2026) is to be excluded in initiating fresh arbitration proceedings.ratio¶15
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).ratio¶16

Detailed headnote1 paragraphs

Bombay High Court (Ordinary Original Civil Jurisdiction), Abhay Ahuja J., 15 April 2026 — Batch disposal of Serial Nos. 901, 903, 904 and 916 to 1148. Listing the matters in view of the Supreme Court's decision in Bhadra International (India) Pvt. Ltd. v. Airports Authority of India, 2026 SCC Online SC 7 (unilateral appointment of arbitrator void ab initio; ineligibility raisable at any stage, even in execution), and since the office of the Prothonotary & Senior Master had found the sole arbitrator's appointment unilateral in all these matters, the Court dismissed the said applications and set aside the respective arbitral awards; the connected Commercial Execution Applications, Interim Applications and Chamber Summons (if any) stood dismissed/disposed. Parties were left free to initiate fresh arbitration in accordance with law, with the period from invocation of arbitration till 15 April 2026 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 sole arbitrator's ineligibility or the right to object under Section 12(5).

901, 903, 904, 916 to 1148.doc

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

SERIAL NOS. 901, 903, 904 AND 916 TO 1148

Ms. Bijal Gogri i/b O. M. Gujar Law Chambers for the Applicant in Sr. No. 1050,1076,1077,1078,1079,1080,1081,1117 and 1123. None present in other matters.

CORAM : ABHAY AHUJA, J. DATE : 15^th 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, stand dismissed. The respective arbitral awards stand set aside and the Commercial Execution Applications and the connected Interim Applications as well

1 2026 SCC Online SC 7

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901, 903, 904, 916 to 1148.doc

as the Chamber Summons, if any, stand accordingly dismissed / disposed.

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.)

Digitally
signed by
NIKITA
NIKITA YOGESH
YOGESH GADGIL
GADGIL Date:
2026.04.15
20:31:37
+0530

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