Kogta Financial (India) Ltd. v. Nanke Kanhaiyalal Gujar S/O. Kanhaiyalal Gujar
Case brief
What is this about?
Bombay High Court batch order dated 26 March 2026 (Serial Nos. 901-996, Abhay Ahuja J.): Commercial Execution Applications dismissed and arbitral awards set aside on unilateral appointment of sole arbitrator, relying on Bhadra International (India) Pvt. Ltd. and Others vs. Airports Authority of India, 2026 SCC Online SC 7 (unilateral appointment void ab initio; ineligibility raisable at any stage, even in execution); Section 12(5) Arbitration and Conciliation Act 1996 proviso waiver; limitation exclusion from invocation of arbitration till date; liberty to initiate fresh arbitration; connected Interim Applications and Chamber Summons disposed.
What did the court decide?
No substantive relief to the applicants; the applications stand dismissed and the arbitral awards set aside. Parties are at liberty to initiate fresh arbitration proceedings in accordance with law; the period from invocation of the arbitration till today is to be excluded for limitation; and liberty to apply is reserved where an express written agreement waives the Section 12(5) ineligibility or the right to object under Section 12(5).