Kotak Mahindra Bank Limited v. J S Tractors
Case brief
What is this about?
Unilateral appointment of arbitrator; award set aside at execution stage; Kotak Mahindra Bank Limited v. J S Tractors; Bombay High Court; Abhay Ahuja, J.; 7 April 2026; Bhadra International (India) Pvt. Ltd. v. Airports Authority of India, 2026 SCC Online SC 7; void ab initio appointment; ineligibility raised in execution; Section 12(5) proviso waiver; exclusion of limitation period; fresh arbitration proceedings; Execution Application No. 1431 of 2025 dismissed; Interim Application No. 637 of 2025 dismissed.
What did the court decide?
Award dated 1st February 2017 set aside; Execution Application No. 1431 of 2025 and the connected Interim Application No. 637 of 2025 dismissed; parties left free to initiate fresh arbitration proceedings with the period from invocation of arbitration till the date of the order excluded for limitation; liberty to apply under the proviso to Section 12(5) of the said Act.