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july 2017

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.

ALKA CHANDEWAR vs SHAMSHUL ISHRAR KHAN · Niyam