KotaK Mahindra Bank Tikshta Modi vs Estevan Elvis Dsouza — EXA/433/2025

Case under Code of Civil Procedure (Maharashtra Amendment) Section Rule 11(2). Disposed: Contested--DISPOSED OFF on 09th June 2026.

CNR: HCBM020008152025

CASE DISPOSED

e-Filing Number

09-01-2025

Filing Number

EXA/815/2025

Filing Date

09-01-2025

Registration No

EXA/433/2025

Registration Date

01-03-2025

Judge

HON'BLE SHRI JUSTICE ABHAY AHUJA

Coram

HON'BLE SHRI JUSTICE ABHAY AHUJA

Bench Type

Single

Category

EXECUTION ( 15 )

Judicial Branch

Original

Decision Date

09th June 2026

Nature of Disposal

Contested--DISPOSED OFF

Acts & Sections

Code of Civil Procedure (Maharashtra Amendment) Section Rule 11(2)

Petitioner(s)

KotaK Mahindra Bank Tikshta Modi

Respondent(s)

Estevan Elvis Dsouza

Hearing History

Judge: HON'BLE SHRI JUSTICE ABHAY AHUJA

09-06-2026

For Dismissal in view of decision in Bhadra International Pvt. Ltd. V/s Airports Authority of India

Orders

09-06-2026
HON'BLE SHRI JUSTICE ABHAY AHUJA

The Bombay High Court set aside arbitral awards in multiple cases (Serial Nos. 901-920, 924) because the sole arbitrator was unilaterally appointed, following Supreme Court precedent that such appointments are void ab initio. The court dismissed all execution and interim applications, allowing parties to initiate fresh arbitration proceedings with the time period excluded from limitation calculations, unless parties had expressly waived objections in writing under Section 12(5) of the Arbitration and Conciliation Act, 1996. This case analysis is maintained by casestatus.in based on publicly available court records.

casestatus.in Summary

The Bombay High Court set aside arbitral awards in multiple cases (Serial Nos. 901-920, 924) because the sole arbitrator was unilaterally appointed, following Supreme Court precedent that such appointments are void ab initio. The court dismissed all execution and interim applications, allowing parties to initiate fresh arbitration proceedings with the time period excluded from limitation calculations, unless parties had expressly waived objections in writing under Section 12(5) of the Arbitration and Conciliation Act, 1996. This case analysis is maintained by casestatus.in based on publicly available court records.

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