Kotak Mahindra Bank Limited v. Ashvin Batukbhai Limbasiya S/O. Batukbhai Parshotambhai Limbasiya
Case brief
What is this about?
Batch order of the Bombay High Court (OOCJ), Abhay Ahuja J, dismissing Commercial Execution Applications (Serial Nos. 902-985, 987-1117, 1120-1121, 1124-1134, 1138-1151, 1154-1169) and setting aside the underlying arbitral awards, on the Prothonotary & Senior Master's finding that the sole arbitrator's appointment was unilateral, applying Bhadra International (India) Pvt. Ltd. and Others vs. Airports Authority of India, 2026 SCC Online SC 7. Fresh arbitration permitted; limitation period from invocation of arbitration till the order excluded; liberty to apply under proviso to Section 12(5) of the Arbitration and Conciliation Act, 1996 where ineligibility is waived by express written agreement. No monetary amounts dealt with.
What did the court decide?
Commercial Execution Applications, connected Interim Applications and Chamber Summons (if any) dismissed / disposed; respective arbitral awards set aside; parties free to initiate fresh arbitration with the period from invocation of arbitration till the date of the order excluded for limitation; liberty to apply under the proviso to Section 12(5) of the Arbitration and Conciliation Act, 1996.