Bombay High CourtN/388/2025withdrawn

Kotak Mahindra Bank Ltd v. Manojkumar Ramjit Halwai And ANR

2026-02-02Hon'Ble Shri Justice Rajesh S. Patil2 pages

2026:BHC-OS:3203 Diksha Rane 86 N 388 2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION 86 N/388/2025 In EXA/161/2020 KOTAK MAHINDRA BANK LTD VS MANOJKUMAR RAMJIT HALWAI AND ANR ------------ Adv. Harshada Narkar i/b. Adv. Vaishali Padale for applicant. ------------ CORAM :

RAJESH S. PATIL, J.

DATE :

2 FEBRUARY 2026.

P.C. :

1) Learned counsel appearing for the claimant submits that the execution proceedings arise out of an Arbitral Award, where the Arbitrator's appointment was unilateral. Hence, she on instructions of her client seeks leave to withdraw the present execution application, with liberty to initiate fresh arbitration proceedings. 2) I have taken a view in the judgment of L & T Finance Ltd. vs. Sangeeta Bhansali & Anr. in Commercial Execution Application (L) No. 5277 of 2022, considering the latest judgment of the Supreme Court decided on 5 January, 2026, in the matter of Bhadra International (India) Pvt. Ltd. and others vs. Airport Authority of India, Civil Appeal No. 37-38 of 2026, wherein it has been held

Diksha Rane 86 N 388 2025.doc that even at the stage of execution, an arbitral award can be set aside being void-ab-initio on the grounds that the appointment of the arbitrator was unilateral.

3) Leave and liberty as prayed for, is granted.

3.1) The Arbitral Award which is subject matter of the present proceedings is hereby declared to be non-est in law, non-executable and void-ab-initio.

4) Execution Application stands disposed of as withdrawn. 5) In sequel, the Notice and the Interim Applications, if any, also stand disposed of.

6) It shall be open for the parties to initiate fresh arbitration proceedings in accordance with law.

7) As far as limitation is concerned, the period from the invocation of the arbitration till today shall stand excluded for the purpose of initiating fresh arbitration proceedings. (Rajesh S. Patil, J.) Signed by: Diksha Rane Designation: PS To Honourable Judge Date: 03/02/2026 19:08:59