Kotak Mahindra Bank Limited v. Pravin Vasant Gawali

Vivekanand 1/2 56-N-541-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE NO. 541 OF 2025 IN EXECUTION APPLICATION NO. 889/2022 KOTAK MAHINDRA BANK LIMITED ..... APPLICANT

VERSUS

PRAVIN VASANT GAWALI ..... RESPONDENT Ms. Kirti Pardeshi i/by Mr. Mahesh Kolamkar, Advocate for the Applicant.

CORAM : RAJESH S. PATIL, J.

DATE : 5th FEBRUARY, 2026 P.C. :- 1) Learned counsel appearing for the applicant submits that she does not have any instructions in the present proceedings. 2) From the proceedings, it can be gathered that the learned arbitrator was appointed unilaterally by the claimants. 3) 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

Vivekanand 2/2 56-N-541-2025.doc India, Civil Appeal No. 37-38 of 2026, wherein it has been held that even at the stage of execution, an arbitral award can be set aside being void-ab-initio on the ground that the appointment of the arbitrator was unilateral.

4) In view of the aforesaid judgment, the award in the present proceedings dated passed by the learned arbitrator is hereby declared to be non-est in law, non-executable and void-ab-initio. 5) Execution Application stands dismissed.

6) In sequel, Notice & the Interim Applications, if any, also stand disposed of.

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

8) 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.)