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Bombay High Court

YES BANK LTD Through its Authorised Signatory Ms Priya BhangeversusAnoj Dhruba Dhanaki

Decided
Disposal
DISPOSED OFF

Holding

The court dismissed the arbitration application as the subject matter was already being arbitrated.

Summary

The applicant, Yes Bank Ltd, filed an arbitration application before the Bombay High Court seeking relief against the respondent, Anoj Dhruba Dhanaki. The court noted that a separate arbitration proceeding concerning the same subject matter was already underway. Consequently, the court held that the pending arbitration rendered the court application unnecessary and inadmissible. The application was therefore dismissed. The court also ordered the applicant to pay costs of Rs. 20,000 to the respondent.

Issues considered

  • Whether an arbitration application before the court is maintainable when a parallel arbitration proceeding on the same subject matter is already in progress

Subjects

  • arbitration
  • pending arbitration
  • court application dismissal
  • costs
  • commercial division

Judgment

                                                                            37-CARAP-384-2026.doc


                      Vivekanand
                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
VIVEKANAND                         ORDINARY ORIGINAL CIVIL JURISDICTION
RAJENDRA
BONDE                                   IN ITS COMMERCIAL DIVISION
Digitally signed by
VIVEKANAND
RAJENDRA BONDE
Date: 2026.09.10
                              COMM ARBITRATION APPLICATION NO. 384 OF 2026
17:19:15 +0530


                      YES BANK LTD Through its Authorised
                      Signatory Ms Priya Bhange                       … Applicant
                                 V/s.
                      Anoj Dhruba Dhanaki                             … Respondent

                      Mr. Omkar Shere i/b Mr. Vikrant Sabne, for the
                      Applicant.
                      Mr. Amit Gala a/w Ms. Aishwarya Kadam, for the
                      Respondent.


                                                   CORAM      : AMIT BORKAR, J.

                                                   DATED      : SEPTEMBER 10, 2026
                      P.C.:

                      1.      Since the arbitration in relation to the subject matter of the
                      application is already going on.

                      2.      The present application is dismissed.

                      3.      The applicant shall pay costs of Rs. 20,000/- to the
                      Opponent.


                                                                      (AMIT BORKAR, J.)




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