Kotak Mahindra Bank Limited vs Mohd Anis Siddique Ahmed Shaikh — Arbitration | Bombay HC (2026)

Kotak Mahindra Bank Limited vs Mohd Anis Siddique Ahmed Shaikh — Arbitration | Bombay HC (2026)

What the court decided

AI extract

Outcome

Respective arbitral awards set aside; Commercial Execution Applications, connected Interim Applications and Chamber Summons (if any) dismissed/disposed; parties at liberty to initiate fresh arbitration proceedings in accordance with law; period from invocation of arbitration till the date of the order excluded for limitation; liberty to apply where an express agreement in writing 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).

Issue for consideration

Whether the arbitral awards in these Commercial Execution Applications, passed under a sole arbitrator whose appointment was unilateral, are to be set aside in view of the Hon'ble Supreme Court's decision in Bhadra International (India) Pvt. Ltd. and Others v. Airports Authority of India. +1 more

Court's answer

In view of the decision of the Hon'ble Supreme Court in Bhadra International (India) Pvt. Ltd. and Others v. Airports Authority of India, and as the appointment of the sole arbitrator in all these matters was found to be unilateral, the respective arbitral awards stand set aside.

Ratio / Principle

For initiating fresh arbitration proceedings, the period from the invocation of the arbitration till the date of this order is to be excluded for purposes of limitation.

Detailed headnote1 paragraphs

Bombay High Court, Ordinary Original Civil Jurisdiction (Abhay Ahuja, J.), order dated 18 April 2026 in Commercial Execution Application Serial Nos. 901 to 905, 907 to 997, 999 to 1094, 1096 to 1100, 1103 to 1122 and 1142 to 1152: Acting in view of the Hon'ble Supreme Court's decision in Bhadra International (India) Pvt. Ltd. and Others 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 upon the office of the Prothonotary & Senior Master finding that in all these matters the sole arbitrator's appointment had been unilateral, the Court set aside the respective arbitral awards and dismissed/disposed of the Commercial Execution Applications, the connected Interim Applications and the Chamber Summons, if any. Parties were left free to initiate fresh arbitration in accordance with law; the period from invocation of the arbitration till the date of the order was directed to be excluded for limitation; and liberty was reserved to apply where an express agreement in writing 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).

901 to 905, 907 to 997, 999 to 1094, 1096 to 1100, 1103 to 1122 and 1142 to 1152.doc

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

SERIAL NOS. 901 TO 905, 907 TO 997, 999 TO 1094, 1096 TO 1100, 1103 TO 1122 AND 1142 TO 1152

Ms. Bijal Gogri i/b O. M. Gujar Law Chambers for the Applicant in Sr. No. 914,918,921,922,927,928,938,999,1085,1086,1097 to 1100, 1103 to 1109 and 1112 to 1118.

Ms. Bijal Gogri i/b GNP Legal for the Applicant in Sr. No. 1096.

CORAM : ABHAY AHUJA, J. DATE : 18^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, 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 the connected Interim

1 2026 SCC Online SC 7

Nikita Gadgil 1/2

901 to 905, 907 to 997, 999 to 1094, 1096 to 1100, 1103 to 1122 and 1142 to 1152.doc

Applications as well 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:
2026.04.18
17:20:01
+0530

Nikita Gadgil 2/2