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IN THE HIGH COURT OF DELHI AT NEW DELHI
SAURABH BANERJEE
Renaissance Buildcon Company Pvt. Ltd. – Appellant
Versus
Tarjinder Kumar Bansal – Respondent
JUDGMENT :
SAURABH BANERJEE, J.
1. By virtue of the present petition under Section 10 of the Contempt of Courts Act, 1971, [Hereinafter referred to as ‘CC Act,] the petitioners seek initiation of contempt proceedings against the respondent nos.1 to 5 for violation of orders dated 27.10.2014, 12.12.2014 and 18.07.2015 passed by learned Sole Arbitrator, Hereinafter referred to as ‘learned Arbitrator in proceedings entitled ‘M/s BDR Builders & Developers Pvt. Ltd. vs. M/s Rennaissance Buildcon Company Pvt. Ltd.’.
FACTUAL MATRIX:
2. In a nutshell, petitioner no.1 is a company incorporated under the provisions of the Companies Act, 1956 wherein petitioner nos.2 and 3 are Directors, respondent nos.1 to 3 are its former Directors, who resigned on 14.01.2021, respondent no.4 is the purported Authorised Representative of the petitioner no.1, who allegedly participated in the Board Meeting on 20.09.2020, respondent no.5 is the erstwhile Chartered Accountant of the petitioner no.1, respondent no.6/ original claimant before the learned Arbitrator is a loan facility provider also incorporated under the provisions of the Companies Act, 1956 with whom the petitioner no.1 mortgaged its lands for sec
Contempt proceedings for violation of arbitration orders must follow appropriate remedies under the Arbitration and Conciliation Act; direct petitions to the High Court are not maintainable.
(1) There is nothing in Arbitration Act that prohibits contracting parties from agreeing to a provision providing for an award being made by an Emergency Arbitrator.(2) No appeal lies under Section 3....
An appeal under Section 19 of the Contempt of Courts Act is maintainable only against orders imposing punishment for contempt; non-punitive orders are not appealable.
The court ruled that interim relief under Section 17 of the Arbitration Act cannot effectively adjudicate final rights or impose substantial financial burdens without trial, emphasizing the importanc....
The court emphasized the necessity to resolve contempt allegations before proceeding with arbitration to uphold the integrity of the judicial process and ensure fairness.
An Arbitral Tribunal under the Arbitration and Conciliation Act cannot grant interim orders that effectively render final decisions on substantive claims, as this exceeds its jurisdiction.
The court must be satisfied beyond reasonable doubt that the contemnor has willfully, deliberately and intentionally violated the court's order. If the disobedience is the result of some compelling c....
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