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- Disposed off as Withdrawn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 Consequently, the Court disposed of the arbitration application as withdrawn, granting the liberty to file other appropriate proceedings, save for a Section 11 petition.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 The Application is disposed of withdrawn with liberty as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.)
1
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