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november 1968

Supreme Court of India · 1968-11-08

SECURITY & FINANCE (P) LTD. & ANR. vs DATTARAYA RAGHAV AGGE & ORS.

Citation / case number
SC 1967/181
Court
Supreme Court of India
Petitioner
SECURITY & FINANCE (P) LTD. & ANR.
Respondent
DATTARAYA RAGHAV AGGE & ORS.
Bench
RAMASWAMI

Judgment text excerpt

The Supreme Court held that Section 35 of the Arbitration Act, 1940 does not prohibit an arbitrator from continuing proceedings after notice of a civil suit is given. The Court clarified that while further proceedings may be rendered invalid, there is no explicit prohibition against the arbitrator continuing the arbitration. The High Court's finding of contempt against the appellants and the arbitrator was erroneous, as conducting an inquiry in good faith does not constitute contempt merely due to the pendency of parallel proceedings.

SECURITY & FINANCE (P) LTD. & ANR. vs DATTARAYA RAGHAV AGGE & ORS. · Niyam