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2018 Supreme(SC) 614

KURIAN JOSEPH, MOHAN M.SHANTANAGOUDAR
R. K. ARORA GENERAL MANAGER – Appellant
Versus
ACE ENTERPRISES – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Tushar Mehta, Mr. Rahul Narayan, Ms. Mala Narayan, Mr. Sushant Goel, Adv.
For the Respondents: Ms. Aishwarya Bhati, adv

JUDGMENT :

KURIAN, J.

1. Leave granted.

2. On 22.06.2011, the Court of Small Causes, Srinagar, passed an order of injunction in the

following terms :-

“The application in hand will not be allowed, there are chances that the suit of the applicant will become infructuous. So in the interests of justice the application in hand is allowed and the proceedings before the arbitration with regard to matter titled M/s ACE Enterprises Vs. Union of India and ors is stayed till the objections from the other side is filed. Put up this file on 26-07-11.”

3. Alleging violation of the above order, an application was filed for initiating contempt proceedings. The prayer reads as follows :

“It is therefore prayed that the contempt proceedings may please be initiated and the contemnors be punished according to law and the order of revival passed by the Arbitrator may please be stayed.”

4. The Court of Small Causes treated the application filed by the respondent as an application for contempt without mentioning any provision. It is also significant to note that even the applicant had not mentioned any provision for initiating contempt.

The Court passed an order dated 06.11.2013 by entering a finding that there















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