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Supreme Court of India 2026-04-01 allowed

Rajiv Gaddh vs Subodh Parkash

Bench: 2 — Pamidighantam Sri Narasimha, Alok Aradhe

In Brief

A joint venture dispute between two parties over Hoshiarpur land led to multiple arbitration attempts spanning seven years. After the respondent abandoned arbitration proceedings in 2019, he later filed a fresh application seeking a new arbitrator following a Supreme Court judgment on a related issue. The High Court allowed the fresh application, but the Supreme Court disagreed. It held that principles prohibiting withdrawal without permission to refile apply to arbitration applications under the Arbitration Act. Since the respondent withdrew his earlier application without seeking liberty to file afresh, he was barred from filing a subsequent application on the same cause of action.

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Arbitration Section 11 Arbitration and Conciliation Act 1996 Code of Civil Procedure Order XXIII Rule 1 Res Judicata Withdrawal of Proceedings Public Policy

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