Kotak Mahindra Bank v. Monza Impex
60-IA-2484-2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION by KANCHAN PRASHANT DHURI Date:
2026.04.23 20:09:57 +0530 KANCHAN PRASHANT DHURI INTERIM APPLICATION NO. 2484 OF 2025 IN EXECUTION APPLICATION NO. 2377 OF 2025 Kotak Mahindra Bank Limited ... Applicant
Versus
Monza Impex ... Respondent WITH INTERIM APPLICATION (L) NO. 38795 OF 2025 IN EXECUTION APPLICATION NO. 2377 OF 2025 WITH EXECUTION APPLICATION NO. 2377 OF 2025 ............
Ms. Jenny Somaiya alongwith Ms. Vedika Pedhambkar instructed by Akhil Modi & Associates, Advocate for the Applicant. None for the Respondent.
............
CORAM
:
ABHAY AHUJA, J.
DATE :
23 APRIL 2026 P.C. :
1.
When the matter is called out, Ms. Somaiya, learned Counsel, appearing for the Applicant submits that in this matter there has been a unilateral appointment of Arbitrator and this Court may pass appropriate orders in view of the decision in the case of Bhadra Kanchan Dhuri 1/2
60-IA-2484-2025.doc International (India) Pvt. Ltd. and others vs. Airports Authority of India1, where the Hon'ble Supreme Court has clearly observed that unilateral appointment of arbitrator is void ab initio and the ineligibility can be raised at any stage and even in execution. 2.
The Execution Application No.2377 of 2025 is not on Board. Upon mentioning, the same is taken on Board.
3.
In view of the aforesaid, the award dated 6th August 2018 is set aside and the Execution Application as well as the connected Interim Applications stand dismissed/disposed. 4.
It would be open to the parties to initiate fresh arbitration proceedings in accordance with law.
5.
As far as limitation is concerned, the period from the invocation of the arbitration till today be excluded in initiating fresh arbitration proceedings.
6.
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.) 2026 SCC Online SC 7 Kanchan Dhuri 2/2