Kotak Mahindra Bank Ltd. v. Rajesh Dudhnath Vishwakarma
Case brief
What is this about?
Batch order, High Court of Bombay (Abhay Ahuja, J., 29.04.2026), Serial Nos. 901 to 1086, 1090, 1094 and 1097 to 1156 (Commercial Execution Applications / Execution Applications). Keywords: unilateral appointment of arbitrator; void ab initio; ineligibility at execution stage; arbitral award set aside; execution application dismissed; fresh arbitration; limitation exclusion; Section 12(5) Arbitration and Conciliation Act 1996; express waiver in writing; Bhadra International (India) Pvt. Ltd. v. Airports Authority of India (2026 SCC Online SC 7). Holding: where the sole arbitrator's appointment was unilateral (as found by the office of the Prothonotary & Senior Master), the arbitral awards stand set aside and the execution proceedings with connected interim applications and chamber summons are dismissed / disposed, with liberty to pursue fresh arbitration, exclusion of the invocation-to-date period for limitation, and liberty to apply on proof of an express written waiver under the proviso to S.12(5).