Authority: High Court of Judicature at Bombay

Order Date: 16 September 2026

Case Overview

  • Applicant: Kotak Mahindra Bank, represented by Dattatray Jagtap, with counsel Ms Bijal Gogri (i/b GNP Legal).
  • Respondent: Sushil Kumar.
  • Arbitration Application No. 428 of 2026 filed under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an arbitrator for disputes arising under an Agreement dated 9 February 2024 (arbitration clause in Clause 10.15, page 42 of the application).
  • Applicant issued a notice invoking the arbitration clause on 15 July 2025; respondent neither replied nor filed an affidavit.
  • The Court found a valid, subsisting arbitration agreement and confirmed its invocation by the applicant.

Final Outcome

  • Mr Jash Gandhi appointed as Sole Arbitrator to adjudicate the disputes arising from the 9 February 2024 Agreement.
  • Arbitrator’s office: 3rd Office, Brady House Building, 2nd Floor, Kala Ghoda, Mumbai – 400001; Email: jaasshgandhi@gmail.com.
  • The order to be communicated to the arbitrator within one week; applicant to provide contact particulars of parties.
  • Arbitrator to forward statutory Statement of Disclosure (Sec 11(8) & Sec 12(1) of the Act) to both parties within two weeks.
  • Parties to appear before the arbitrator for directions on pleadings, witness examination, hearing schedule, and to furnish valid email, mobile, and landline numbers of their advocates; such communications will constitute valid service.
  • All arbitral costs and fees to be borne equally by the parties initially, subject to adjustment in the final award.
  • Merits of the dispute remain open for determination by the arbitrator.
  • All actions required under this order to be taken upon receipt of the downloaded copy from the Court’s website.

Topics: Arbitration, Banking Dispute, Legal Procedure