Kotak Mahindra Bank Ltd. v. Medanta Hospital
Arbitration – Unilateral appointment of arbitrator – Award dated 27 April 2018 set aside at the execution stage
Case brief
What is this about?
Bombay High Court, OOCJ; IA 1103/2026 in ExA 36/2026; Kotak Mahindra Bank Ltd. v. Medanta Hospital; Coram: Abhay Ahuja, J.; decided 16-04-2026; unilateral appointment of arbitrator; award dated 27-04-2018 set aside; execution application and interim application dismissed/disposed; fresh arbitration permitted; limitation exclusion from invocation till order date; liberty to apply re Section 12(5) waiver; relies on Bhadra International (India) Pvt. Ltd. v. Airports Authority of India, 2026 SCC Online SC 7.
What did the court decide?
Award dated 27 April 2018 set aside; Execution Application No. 36 of 2026 and connected Interim Application No. 1103 of 2026 dismissed/disposed; parties at liberty to initiate fresh arbitration with the period from invocation till today excluded for limitation; liberty to apply on waiver under proviso to Section 12(5) of the said Act.