It cannot be declared as a general rule, merely because a legal proceeding is not a ‘suit’, it would be completely exempted from application of principles underlying Order 23, Rule 1. These principles, being in nature of public policy, bring efficiency and certainty to administration of justice by any Court and should be invoked and enforced unless they are expressly prohibited by statute or appear to counter serve interest of justice, rather than advancing it. Keeping in view approach of this Court and nature of applications under Section 11(6) of Arbitration Act of 1996, we find no reason to not extend principles of Order 23, Rule 1 to such proceedings.

We are of view, in absence of any liberty sought at time of withdrawal of ‘first application’, fresh ‘second application’ arising out of same cause of action cannot be said to be maintainable.

– Hon’ble Justice J.B. Pardiwala, HPCL Biofuels Ltd. v. Shahaji Bhanudas Bhad, [Civil Appeal No. 12233 of 2024].