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Supreme Court of India 2018-02-07 disposed

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

Bench: 2 — Kurian

In Brief

The Supreme Court clarified the jurisdictional boundaries between contempt proceedings and disobedience of court orders. A trial court cannot initiate or conduct contempt proceedings against itself—such exclusive jurisdiction vests with the High Court. When an application alleges contempt arising from violation of an interim injunction in arbitration proceedings, it must be recharacterized as an application under Order XXXIX Rule 2A of the Code of Civil Procedure. The trial court must first determine whether there is actual disobedience of the injunction order; only if disobedience is found should procedural remedies follow. The Court remitted the matter for expedited trial court determination.

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Civil Procedure Contempt of Court Arbitration Injunction Jurisdiction

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