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The Supreme Court through its judgment dated 01.04.2026 in Rajiv Gaddh v. Subodh Parkash1), held that a party abandoning earlier arbitral proceedings cannot subsequently file a fresh application under Section 11 of the Arbitration and Conciliation Act, 1996 (“A&C Act”) on the same cause of action.
The Court held that a subsequent application after abandonment of arbitral proceedings and withdrawal with liberty to file afresh is barred by principles laid down under Order XXIII Rule 1 of the Code of Civil Procedure, 1908 (“CPC”).
The Court held observed that although the scope of Section 11 is limited to examining the existence of an arbitration agreement and not on issues pertaining to res judicata, the principles of Order XXIII Rule 1 of CPC apply to such proceedings.
Footnote
1. SLP (C) No. 4430 of 2025.
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