Bombay High Court

KOTAK MAHINDRA BANK LTD Through its Authorised Signatory Mr Dattatray JagtapversusPANDURANG DATTATRAY KSHIRSAGAR

Decided: 10 July 2026
Disposal: DISPOSED OFF
Bench: ARUN R PEDNEKER

Holding

The Court restored the dismissed arbitration application subject to payment of Rs.2,500 costs.

Summary

Kotak Mahindra Bank Ltd filed a commercial arbitration application which was dismissed on 30 April 2026 for non‑prosecution because the applicant failed to appear. The bank applied for restoration, explaining that its counsel inadvertently missed the hearing. The High Court considered whether the dismissal could be set aside despite the procedural lapse. The Court held that the application could be restored on the condition that the bank pay costs of Rs.2,500 to the High Court Advocates' Association. Consequently, the interim application for restoration was allowed and the arbitration case was reinstated, with a notice issued to the respondent.

Issues considered

Whether a commercial arbitration application dismissed for non‑prosecution can be restored on an interim application
Whether the court may impose costs as a condition for restoration

Subjects

commercial arbitration
restoration
non‑appearance
costs
interim application

Judgment

                                              8-IA-3136-2026.DOC




ARP


        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
           ORDINARY ORIGINAL CIVIL JURISDICTION
        INTERIM APPLICATION NO. 3136 OF 2026
                         IN
  COMMERCIAL ARBITRATION APPLICATION NO. 170 OF 2026

Kotak Mahindra Bank Ltd Through Its
Authorised Signatory Mr Dattatray Jagtap         ...Applicant
      Versus
Pandurang Dattatray Kshirsagar                   ...Respondent

Mr. Omkar Shere i/b Vikrant Sabne & Associates, for the Applicant.
None for the Respondent.


                    CORAM         ARUN R. PEDNEKER, J.
                    DATED:        10th JULY 2026
PC:-


INTERIM APPLICATION NO. 3136 OF 2026:


1.     This is an application for restoration of Commercial
Arbitration Application No.170 of 2026. It appears from the record
that on 29th April 2026, none appeared for the Applicant.
Thereafter, on 30th April 2026, since none appeared on behalf of
the Applicant, the Commercial Arbitration Application was
dismissed for non-prosecution.


2.     The learned counsel for the Application submits that the
matter was inadvertently missed by the learned advocate, due to
which he could not remain present. The present Interim



                             Page 1 of 2
                           10th July 2026
                                                  8-IA-3136-2026.DOC




Application for restoration is filed upon noticing that the
Commercial Arbitration Application has been dismissed.


3.    Commercial Arbitration Application No.170 of 2026 is

restored its original file and record subject to the payment of costs

of Rs.2,500/- with the High Court Advocates' Association.


4.    The present Interim Application is allowed and disposed of

accordingly.


COMMERCIAL ARBITRATION APPLICATION NO. 170 OF 2026:


5.    Issue notice to Respondent, returnable on 7th August 2026.




                                             (ARUN R. PEDNEKER, J.)




                              Page 2 of 2
                            10th July 2026

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Omkar Shere