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IN THE HIGH COURT OF DELHI AT NEW DELHI
SACHIN DATTA
Rhine Power Pvt. Ltd. – Appellant
Versus
Ramprastha Promoters And Developers Pvt. Ltd. – Respondent
JUDGMENT :
SACHIN DATTA, J.
1. The present petition has been filed by the petitioner seeking the following prayers:
2. It is the case of the petitioner that the respondent company had duly received from, and/or owed to, the petitioner a sum of Rs.7,33,30,548 as on 27.09.2018. In lieu of the monies so received, the parties entered into five (5) Agreements to Sell (hereinafter referred to individually as “Agreement 1”, “Agreement 2”, “Agreement 3”, “Agreement 4” and “Agreement 5” and collectively as the “Agreements”) dated 27.09.2018, whereby the respondent agreed to sell twenty-one (21) flats to the petitioner, being developed in the respondent’s project, i.e., a multi-storeyed residential complex known as “PRIMERA”, located at Ramprastha City, Sector 37-D, Gurgaon, in terms of the conditions agreed in the aforementioned Agreements to Sell.
3. Five (5) separate Agreements to Sell were entered into on the same day, i.e., 27.09.2018, between the same parties in respect of Twenty-One (21) flats, as part of one composite transaction. It was recorded in the Agreements to Sell that the entire consideration amounts of Rs. 1,06,82,750/-, Rs. 1,06,82,750/-, Rs. 1,06,82,750/-, Rs. 1,06,82,750/- a
The court emphasized the necessity to resolve contempt allegations before proceeding with arbitration to uphold the integrity of the judicial process and ensure fairness.
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.
Contempt proceedings require a clear, specific undertaking to pay, and lack of timeliness in filing for contempt can render such actions barred under Section 20 of the Contempt of Courts Act, 1971.
Contempt proceedings cannot address merits of disputes but focus solely on willful disobedience of explicit court orders.
Once arbitration has commenced in the arbitral tribunal, parties have to wait until the award is pronounced unless, of course, a right of appeal is available to them under Section 37 of the Act even ....
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....
Judicial interference under Article 227 is limited in arbitration matters, especially when a comprehensive mechanism exists under the Arbitration and Conciliation Act for addressing non-arbitrability....
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.
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