Query regarding application & filling of contempt order

This query is : Resolved 
 


Querist : Anonymous (Querist)
18 February 2020

Dear sir,Where could be file or application to be made for contempt of interim order under arbitration proceeding? And what are the process for the contempt in Arbitration


Raj Kumar Makkad (Expert)
18 February 2020

An arbitrator is not a Judicial Officer and is not a civil court hence the interim order passed by it, even if violated by either of the parties, do not attract Contempt of Court proceedings though arbitrator can pass further order to restore the property in the same order as was before the order but cannot initiate the proceedings of contempt of court.

Raj Kumar Makkad (Expert)
18 February 2020

Arbitrator even can pass an award against such violating party even on he ground of violation of his interim order.

KISHAN DUTT RETD JUDGE (Expert)
19 February 2020

Dear Sir,
You have to approach Civil Court which has powers to refer the matter to the High Court for initiating contempt proceedings.

Dr J C Vashista (Expert)
22 February 2020

I agree with experts Mr. Raj Kumar Makkad and Mr. Kishan Dutt.
Interim order(s) of an Arbitrator do not attract the provisions of Contempt of Court Act and/or Section 2A of Code of Civil Procedure.

T. Kalaiselvan, Advocate (Expert)
23 February 2020

There is no violation if the orders of the arbitration is not obeyed hence there is no contempt of court in this regard even if the violation is evidently proved.
As the experts observed and advised the violation of the award passed by the arbitrator either interim or final many not attract contempt of court.



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