Supreme Court of India · 2017-07-06
ALKA CHANDEWAR vs SHAMSHUL ISHRAR KHAN
- Citation / case number
- SC 2016/1782
- Court
- Supreme Court of India
- Petitioner
- ALKA CHANDEWAR
- Respondent
- SHAMSHUL ISHRAR KHAN
- Author
- HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN
- Bench
- HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN
Judgment text excerpt
The Supreme Court addressed the interpretation of Section 27(5) of the Arbitration and Conciliation Act, 1996, which the Bombay High Court had construed restrictively, ruling that the Tribunal cannot represent to the Court for contempt regarding interim orders unless related to taking evidence. The Court held that the High Court's interpretation was incorrect, emphasizing that Section 27 empowers the Court to punish for contempt of any orders made by the Arbitral Tribunal. Consequently, the Supreme Court overturned the High Court's decision, affirming the Tribunal's authority to seek contempt proceedings.