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1979 Supreme(SC) 252

S.MURTAZA FAZAL ALI, A.D.KOSHAL
Babu Ram Gupta – Appellant
Versus
Sudhir Bhasin – Respondent


Advocates:
K.B.ASTHANA, P.D.SHARMA, SARAT CHANDRA, SATISH CHANDRA AGRAWAL, SITA VAIDYALINGAM

Judgment

FAZAL ALI, J.:- This is an appeal by the contemner under S. 19 of the Contempt of Courts Act, 1971 against a Division Bench decision of the Delhi High Court dated 27th October, 1978 convicting the appellant under S. 2 (b) of the Contempt of Courts Act, 1971 (hereinafter referred to as the Act) and sentencing him to detention in civil prison for a period of four months.

2. A detailed narrative of the facts culminating in the order impugned is to be found in the judgment of the High Court and it is not necessary for us to repeat the same all over again except giving a brief resume of the important facts in order to appreciate the points of law that arise in the appeal. It appears that there was a partnership between Sudhir Bhasin and Jagatri Lal Bhasin as a result of which a firm under the style of Sitapur Theatres with its Head Office at Delhi was constituted. The partnership deed was executed as far back as 19-11-1965 and Cl. 25 of that deed contained the usual arbitration clause. Disputes arose between the partners as a result of which an application under S. 20 of the Arbitration Act was made before the High Court and the High Court on hearing the application referred the



















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