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Supreme Court of India 2018-02-07 partly_allowed

R.K. Arora General Manager & Anr vs Ace Enterprises

Bench: 2 — Kurian

In Brief

The Supreme Court clarified the jurisdictional limits of subordinate courts in contempt proceedings. The case involved an injunction staying arbitration proceedings and a later application seeking contempt action. The Court held that subordinate courts cannot initiate contempt proceedings against themselves—only the High Court has such power. The Court directed that the contempt application be treated instead as a petition for breach of injunction under procedural rules (Order XXXIX Rule 2A). The trial court must first determine if the injunction was violated, and only then apply the prescribed remedies. The matter was remitted to the trial court for expeditious decision.

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Contempt of Court Arbitration Civil Procedure Jurisdiction of Subordinate Courts Injunction

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