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Supreme Court of India 2019-01-04 disposed

Mdda Ramky ISBT Ltd. thr. its Director vs Ombir Singh Tomar

Bench: 2 — Banumathi

In Brief

A contempt petition was filed against a respondent for allegedly violating a Court order requiring payment of admitted licence fee and common area maintenance charges. The respondent was arrested and custody proceedings followed. The Supreme Court held that since the petitioner had already filed an execution petition before the competent court to enforce the final arbitral award, and regular execution proceedings were pending, it could not be concluded that the respondent intentionally violated the Court's order. The Court found that the proper remedy lay in executing the award through the competent court, not through contempt proceedings. Accordingly, the contempt proceedings were dropped, the petition was closed, and the respondent was ordered released.

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Contempt of Court Criminal Procedure Execution of Awards Arbitration

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