Kotak Mahindra Bank Limited v. Mohd Kamran Farooqui ( Borrower)
Case brief
What is this about?
Unilateral appointment of sole arbitrator void ab initio; ineligibility raised at any stage including execution; Commercial Execution Applications dismissed batch-wise; arbitral awards set aside; Bhadra International (India) Pvt. Ltd. v. Airports Authority of India, 2026 SCC Online SC 7 applied; fresh arbitration permitted; exclusion of period from invocation for limitation; liberty to apply for express written waiver under proviso to Section 12(5), Arbitration and Conciliation Act, 1996; Prothonotary & Senior Master finding; Bombay High Court interim applications chamber summons dismissed/disposed.
What did the court decide?
Respective arbitral awards set aside; parties permitted to initiate fresh arbitration proceedings with the period from invocation of arbitration till the date of the order excluded for limitation; liberty to apply reserved subject to an express written waiver under the proviso to Section 12(5) of the Arbitration and Conciliation Act, 1996.