M/S Kotak Mahindra Bank Limited v. New Compare Services Limited
Case brief
What is this about?
Bombay HC (OOCJ), Rajesh S. Patil J, 19-01-2026; IA 3130/2024 in Execution Application 800/2019; Kotak Mahindra Bank v New Compare Services Ltd & ors; withdrawal of execution application; unilateral appointment of arbitrator by Claimant under Arbitration Agreement (p.15); arbitral award dated 25-01-2019 declared non-est, non-executable, void-ab-initio at execution stage; reliance on SC judgment dated 05-01-2026 in Bhadra International (India) Pvt Ltd v Airport Authority of India, Civil Appeal No. 37-38 of 2026, and on L & T Finance Ltd v Sangeeta Bhansali, Commercial Execution Application (L) No. 5277 of 2022; Chamber Summons disposed as withdrawn; fresh arbitration permitted; limitation exclusion from invocation till order; Ms. Bijal Gogri (i/b O M Gujar Law Chamber) for applicant.
What did the court decide?
Leave to withdraw Execution Application No. 800 of 2019 granted; the Arbitral Award dated 25 January 2019 declared non-est in law, non-executable and void-ab-initio; Execution Application and Chamber Summons disposed of as withdrawn; interim applications disposed of; parties permitted to initiate fresh arbitration, with the period from invocation of the arbitration till the date of the order excluded for limitation.