KVM 1/2 52 - EXA 1213 OF 2022.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION EXECUTION APPLICATION NO. 1213/2022 KOTAK MAHINDRA BANK LTD. ….. APPLICANT VERSUS KSHITIJ UTKARSH THANAWALA ….. RESPONDENT None for the Applicant. None for the Respondent. CORAM : RAJESH S. PATIL, J. DATE : 17 JANUARY, 2026 P.C. :- 1) None appears for the applicant when the matter is called out. 2) From the proceedings, it can be gathered that the appointment of the sole arbitrator was unilateral. 3) I have taken a view in the judgment of L & T Finance Ltd. vs. Sangeeta Bhansali & Anr. in Commercial Execution Application (L) No. 5277 of 2022, considering the latest judgment of the Supreme Court decided on 5 January, 2026, in the matter of Bhadra International (India) Pvt. Ltd. and others vs. Airport Authority of India, Civil Appeal No. 37-38 of 2026, wherein it has been held that KANCHAN VINOD MAYEKAR Digitally signed by KANCHAN VINOD MAYEKAR Date: 2026.01.22 11:17:56 +0530 KVM 2/2 52 - EXA 1213 OF 2022.doc even at the stage of execution, an arbitral award can be set aside being void-ab-initio on the grounds that the appointment of the arbitrator was unilateral. 4) In view of the aforesaid judgment, the arbitral award in the present proceeding dated 27 August, 2021 passed by the sole arbitrator is hereby declared to be non-est in law, non-executable and void-ab-initio. 5) Execution Application stands dismissed. 6) In sequel, the Interim Applications, if any, also stand disposed of. 7) It shall be open for the parties to initiate fresh arbitration proceedings in accordance with law. 8) As far as limitation is concerned, the period from the invocation of the arbitration till today shall stand excluded for the purpose of initiating fresh arbitration proceedings. (RAJESH S. PATIL, J.)