Appeal by a bank against a Section 9 interim order in arbitration proceedings between two other parties. The Division Bench held an interim order operates in personam, found the appeal misconceived, noted the bank had not properly participated before the arbitrator, and disposed of the appeal with observations.
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YES BANK LIMITED .....Appellant Through: Mr. Harsh Sinha and Ms. Ruchika, Advs.
versus
KASTHURI INFRA PROJECTS PVT. LTD. & ANR.
.....Respondents Through: Mr. Priyabrat Tripathy, Mr. Ayush Acharjee & Mr. Nahush Khera, Advs. for R-1. Mr. Naresh Thacker, Mr. Aman Raj Gandhi, Mr. Parthasarathy Bose, Ms. Lavina Bhargava, Advs. for R-2.
CORAM:
HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR
O R D E R % 11.12.2025
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/12/2025 at 11:53:24
“ 22. It is made clear that this Court is not expressing any opinion either regarding the entitlement of Yes Bank to intervene in the proceedings or as to the other reliefs sought by Yes Bank in its application, as one of the reliefs sought in the application is the right to intervene. It would be for the learned Arbitral Tribunal to take a view in that regard.”
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/12/2025 at 11:53:24
ANIL KSHETARPAL, J.
HARISH VAIDYANATHAN SHANKAR, J. DECEMBER 11, 2025 /sp/sh
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/12/2025 at 11:53:24
1 issue framed by the court
Could a non-party bank file an intervention application in Section 9 A&C Act proceedings?
2 provisions across 1 enactments
YES BANK LIMITED
KASTHURI INFRA PROJECTS PVT. LTD.
Respondent No.2 (unnamed)
ANIL KSHETARPAL
HARISH VAIDYANATHAN SHANKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
