Bombay High Court
Kotak Mahindra Bank through Deputy Manager Poonam PawarversusNurani P Venkatesh
- Decided
- Disposal
- Disposed off as Withdrawn
Holding
The application is dismissed with liberty to file a fresh arbitration application.
Summary
Kotak Mahindra Bank filed an arbitration application against Nurani P Venkatesh. The bank, through its counsel, sought permission to withdraw the application on the basis that the parties had amicably resolved their dispute. Simultaneously, the bank requested liberty to file a fresh arbitration application, alleging a default by the respondent. The court examined whether it could entertain both the withdrawal and the request for a fresh filing. It dismissed the original application but granted the liberty to file a new one, thereby allowing the bank to pursue fresh proceedings.
Issues considered
- Whether the court may permit withdrawal of an arbitration application on the ground of amicable settlement
- Whether the court may grant liberty to file a fresh arbitration application after dismissal of the original
Subjects
- Arbitration
- Withdrawal of application
- Fresh application
- Default
- Civil procedure
Judgment
1-ARBAP-329-2026.doc
Vivekanand
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally
signed by
VIVEKANAND
ORDINARY ORIGINAL CIVIL JURISDICTION
VIVEKANAND RAJENDRA
RAJENDRA BONDE
BONDE Date:
2026.09.09
18:24:26
+0530
ARBITRATION APPLICATION NO.329 OF 2026
Kotak Mahindra Bank through Deputy
Manager Poonam Pawar … Applicant
V/s.
Nurani P Venkatesh … Respondent
Mr. Bijal Gogri i/b GNP Legal, for the Applicant.
CORAM : AMIT BORKAR, J.
DATED : SEPTEMBER 9, 2026
P.C.:
1. Learned Advocate for the Applicant, on instructions, seeks
permission to withdraw the Application on the ground that the
parties have amicably resolved their dispute.
2. However, in view of the default committed by respondent,
the applicant seeks liberty to file a fresh application.
3. Hence, application is dismissed with liberty as prayed.
(AMIT BORKAR, J.)
1
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