Kotak Mahindra Bank Limited v. Javed Salim Qureshi

902-925.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION SERIAL NOS. 902 TO 925 Ms. Vedika Pedhambkar i/b. Akhil Modi & Associates in Sr. nos. 911, 913, 915, 917, 921, 922, 923, 924 , 925, Advocate for the Applicant. Ms. Bijal Gogri i/b. O M Gujar Law Chambers in Sr. Nos. 912,914, 918, Advocate for the Applicant.

CORAM

:

ABHAY AHUJA, J.

DATE :

8th June, 2026 PC:- 1.

All these matters have been listed in view of the decision of the Hon'ble Supreme Court in the case of Bhadra International (India) Pvt. Ltd. and Others vs. Airports Authority of India1 where the Hon'ble Supreme Court has observed that unilateral appointment of arbitrator is void ab initio and the ineligibility can be raised at any stage and even in execution.

2.

Since in all these matters it has been found by the office of the Prothonotary & Senior Master of this Court that the appointment of the sole arbitrator has been unilateral, in view of the above decision of the Hon'ble Supreme Court, the respective arbitral awards stand set aside and the Commercial Execution Applications / Execution Applications, and the connected Interim Applications as well as the Chamber Summons, if any, accordingly stand dismissed / disposed. 2026 SCC Online SC 7 Mandar M. 1/2

902-925.doc 3.

It would be open to the parties to initiate fresh arbitration proceedings in accordance with law.

4.

As far as limitation is concerned, the period from the invocation of the arbitration till today be excluded in initiating fresh arbitration proceedings.

5.

Liberty to apply in the event there exists an express agreement in writing in terms of proviso to Section 12(5) of the Arbitration and Conciliation Act, 1996 (the "said Act") waiving the ineligibility of the sole arbitrator or the right to object under Section 12(5) of the said Act. (ABHAY AHUJA, J.) Mandar M. 2/2