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Bombay High Court

IIFL FINANACE LIMITEDversusR K DIAGNOSTIC SERVICES PVT LTD

Decided
Disposal
Disposed off as Withdrawn

Holding

The Court allowed the withdrawal of the arbitration application while expressly prohibiting the filing of a fresh application under Section 11.

Summary

The applicant, IIFL Finance Limited, filed an arbitration application before the High Court of Bombay. The applicant’s counsel sought permission to withdraw that application and requested liberty to file any other appropriate proceeding, except under Section 11 of the Arbitration and Conciliation Act, 1996. The Court considered whether such withdrawal was permissible and whether any restriction on filing a Section 11 application applied. It held that the withdrawal could be allowed with the liberty sought, but the applicant could not pursue a fresh application under Section 11. Consequently, the Court disposed of the arbitration application as withdrawn, granting the liberty to file other appropriate proceedings, save for a Section 11 petition.

Issues considered

  • Whether the applicant may withdraw the pending arbitration application before the High Court.
  • Whether the Court can grant liberty to file any other appropriate proceeding except under Section 11 of the Arbitration and Conciliation Act, 1996.

Legislation cited

Subjects

  • Arbitration
  • Withdrawal of application
  • Section 11
  • High Court of Bombay
  • Procedural law

Judgment

                                                                                2-arbap-425-2026.doc


                        Vivekanand
                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
           Digitally
           signed by
                                     ORDINARY ORIGINAL CIVIL JURISDICTION
           VIVEKANAND
VIVEKANAND RAJENDRA
RAJENDRA   BONDE
BONDE      Date:
           2026.09.23                 ARBITRATION APPLICATION NO. 425 OF 2026
           17:10:39
           +0530


                        IIFL Finanace Limited                        … Applicant
                                   V/s.
                        R K Diagnostic Services Pvt Ltd              … Respondent

                        Ms. Priya Nigwekar a/w Ms. Pallavi Chari, for the
                        Applicant.
                        Mr. Pralhad Paranjape a/w Ms. Shubhra Swami, Mr.
                        Rahul Punjabi and Ms. Vaishnavi Bansfore, for the
                        Respondent.


                                                     CORAM     : AMIT BORKAR, J.

                                                     DATED     : SEPTEMBER 23, 2026
                        P.C.:

                        1.      The learned Advocate for the Applicant, on instructions,
                        seeks permission to withdraw the present Application with liberty
                        to file an appropriate Application as may be permissible in law.

                        2.      The Application is disposed of withdrawn with liberty as
                        prayed for.

                        3.      The    appropriate   proceedings   shall   be   filed     except
                        proceedings under Section 11.


                                                                     (AMIT BORKAR, J.)




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