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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
| Table of Content |
|---|
| 1. petitioner seeks specific performance of agreements. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. arguments regarding the contempt proceedings. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 3. application for adjournment pending contempt ruling. (Para 22 , 23 , 24 , 25 , 26) |
| 4. respondent's conduct affects arbitration. (Para 27 , 28 , 29 , 30) |
| 5. respondent's defense and argument against petition. (Para 31 , 32 , 33) |
| 6. nature of delays in arbitral proceedings. (Para 34 , 35) |
| 7. refusal to defer arbitral proceedings must consider contempt merits. (Para 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44) |
| 8. court affirms refusal of adjournment in arbitration. (Para 45 , 46) |
| 9. overall ruling to defer arbitration proceedings. (Para 47 , 48 , 49) |
| 10. final order and conclusion of the petition. (Para 50) |
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 (herein
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.
The Court ruled that the definition of 'alienate' does not include 'mortgage', thus determining no contempt occurred.
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....
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