18 Nov 2025 09:19 AM
Supreme Court
Supreme Court

Withdrawal of Suit

Liberty to file Fresh Suit not Taken--Unconditional withdrawal of suit amounts to abandonment of suit--Therefore, in absence of liberty to file fresh suit at the time of withdrawal the fresh suit on same cause of action is not maintainable

Arbitration--Appointment of Arbitrator--Application withdrawn without taking liberty to file fresh suit--It amounts to abandoning the arbitration itself--Thus, fresh application under S.11(6) is not maintainable

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