Kotak Mahindra Bank v. Opal Asia India Private Limited and 2 Others
Case brief
What is this about?
Unilateral appointment of arbitrator; setting aside arbitral award at execution stage as void-ab-initio / non-est / non-executable; withdrawal of execution application with liberty for fresh arbitration; exclusion of limitation period from invocation till order; Kotak Mahindra Bank v. Opal Asia India Pvt. Ltd. (Bom HC, IA 3486/2024 in EA 50/2020); relies on Bhadra International (India) Pvt. Ltd. v. Airport Authority of India (SC, Civil Appeal No. 37-38 of 2026, decided 05-01-2026) and L & T Finance Ltd. v. Sangeeta Bhansali (Commercial Execution Application (L) No. 5277 of 2022, Bom HC).
What did the court decide?
Leave to withdraw Execution Application No. 50/2020 with liberty to initiate fresh arbitration proceedings; Arbitral Award declared non-est in law, non-executable and void-ab-initio; limitation period from invocation of arbitration till the date of the order excluded for fresh arbitration.