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Supreme Court of India · 06/07/2017

ALKA CHANDEWAR versus SHAMSHUL ISHRAR KHAN

[2017] 6 S.C.R. 533 · 2017 INSC 593

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Summary

Section 27(5) permitted a court, on the arbitral tribunal’s representation, to address contempt of its interim orders and was not confined to defaults in taking evidence. The Court reversed the restrictive interpretation and remanded the alleged breach for factual decision, without itself finding contempt proved.

Issues

  1. Whether Section 27(5) covered breach of an arbitral interim order beyond evidence-taking defaults.

Provisions considered

Held

Result

Appeal allowed; Bombay High Court judgment set aside. Alleged contempt remanded for decision on facts, with the respondent free to deny having committed contempt.

Judgment PDF: Supreme Court of India, [2017] 6 S.C.R. 533.