Kotak Mahindra Bank Limited v. Jagdish Chauhan S/O Dhirubhai Ishafatanisheri and Anr.
Case brief
What is this about?
Batch order, Bombay High Court (Abhay Ahuja J., 28-04-2026): arbitral awards set aside owing to unilateral appointment of sole arbitrator; commercial execution applications, interim applications and chamber summonses dismissed/disposed; reliance on Supreme Court decision Bhadra International (India) Pvt. Ltd. v. Airports Authority of India, 2026 SCC Online SC 7; parties permitted fresh arbitration with limitation exclusion from invocation till order date; liberty to apply under proviso to Section 12(5), Arbitration and Conciliation Act 1996; counsel included Barot/Pandy, Memon/Jain (S.I. Joshi & Co.), Garad (SG Legal), Pedhambkar (Akhil Modi & Assoc.), Gogri (O.M. Gujar/GNP Legal), Ugle/Pasvant, Bose (Waghmare).
What did the court decide?
The respective arbitral awards stand set aside on the ground of unilateral appointment of the sole arbitrator; the Commercial Execution Applications / Execution Applications and the connected Interim Applications and Chamber Summons, if any, stand dismissed / disposed. Parties are free to initiate fresh arbitration in accordance with law, with the period from invocation of the arbitration till the date of this order excluded for limitation, and with liberty to apply where an express written waiver under the proviso to Section 12(5) of the Arbitration and Conciliation Act, 1996 exists.