Bombay High Court
Kotak Mahindra Bank Ltd. vs Rajendra B Ambati on 10 April, 2026
Author: Abhay Ahuja
Bench: Abhay Ahuja
2026:BHC-OS:9270
902, 904 to 1136, 1138, 1141, 1144 to 1149.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
SERIAL NOS. 902, 904 to 1136, 1138, 1141, 1144 TO 1149
None present in the matters.
CORAM : ABHAY AHUJA, J.
DATE : 10th April 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 India 1 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, the said applications, in view of the above decision of the Hon'ble Supreme Court, stand dismissed. The Digitally signed by respective arbitral awards stand set aside and the Commercial NIKITA NIKITA YOGESH YOGESH GADGIL GADGIL Date:
2026.04.10 Execution Applications and the connected Interim Applications as well 20:38:15 +0530 as the Chamber Summons, if any, stand accordingly dismissed / disposed.
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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.
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