KOTAK MAHINDRA BANK LIMITED vs RAJASHEKAR H R — EXA/1982/2023
Case under Code of Civil Procedure Section Rule 11(2). Disposed: Contested--DISMISSED on 09th April 2026.
CNR: HCBM020305052023
Filing Number
EXA/30496/2023
Filing Date
31-Oct-2023
Registration No
EXA/1982/2023
Registration Date
26-Dec-2023
Judge
Hon'ble Shri Justice Firdosh Phiroze Pooniwalla
Coram
Hon'ble Shri Justice Firdosh Phiroze Pooniwalla
Bench Type
Single
Category
EXECUTION ( 15 )
Judicial Branch
Original
Decision Date
09-Apr-2026
Nature of Disposal
Contested--DISMISSED
Last updated 10-May-2026
Acts & Sections
Petitioner(s)
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1.KOTAK MAHINDRA BANK LIMITED
Adv. S I JOSHI AND CO
Respondent(s)
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1.RAJASHEKAR H R
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2.SHARADA M S/O MUNIVENKATAIA
Case History
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Case disposedDisposed
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09-Apr-2026
Hon'ble Shri Justice Firdosh Phiroze PooniwallaView PDF
Summary: The Bombay High Court dismissed Kotak Mahindra Bank's execution application and set aside the arbitral award because the sole arbitrator was appointed unilaterally, which is void ab initio under Supreme Court precedent (Bhadra International). The court allowed the parties to initiate fresh arbitration proceedings with the period from the original arbitration excluded from limitation, unless there is an express written waiver 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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09-Apr-2026
For Dismissal in view of decision in Bhadra International Pvt. Ltd. V/s Airports Authority of India
Hon'ble Shri Justice Firdosh Phiroze Pooniwalla
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31-Oct-2023
Case filed
Registration No. EXA/1982/2023
Summary: The Bombay High Court dismissed Kotak Mahindra Bank's execution application and set aside the arbitral award because the sole arbitrator was appointed unilaterally, which is void ab initio under Supreme Court precedent (Bhadra International). The court allowed the parties to initiate fresh arbitration proceedings with the period from the original arbitration excluded from limitation, unless there is an express written waiver 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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