ignorance of law (others) 24 November 2012
kindly help in this case :-
Claimant filed suit for specific performance and arbitrator is appointed.
Arbitrator against application by claimant, gave stay order/restrained order for maintaing status quo in regard to the suit property and not to create third party interest.
respondent not adhering to the stay order of arbitrator and constrution building on the property as well as selling the property insipte of stay order by arbitrator.
What remedy is available to the claimant now ?
adv. rajeev ( rajoo ) (practicing advocate) 24 November 2012
you can initiate contempt of court proceedings against respondnent by filing an appliction in the same case
Javed Khan (Student) 26 November 2012
Dear Neel,
In your case, an Application under section 9 of the Arbitration and Conciliation Act, 1996 may be filed praying therein for an interim measure of the nature besuiting your case.
It must be noted that contempt proceedings can not be initiated for non-compliance with an order of the arbitrator. As this power is reserved only with the Supreme Court and the High Courts.
Section 2(b) of the Contempt of Courts act, defines 'Contempt' as -
"wilful disobedience to any judg-ment, decree, direction, order, writ or other process of a court or wilful breach of an undertaking given to a court ". Hence, contempt proceedings are not available as a remedy at this moment.
On filing under section 9 of the Act, the court will grant stay order with regard to the property in dispute and thus, your rights will stand protected for the time the arbitration proceedings continue.
And later on, if the respondent fails to comply with the stay order of the court, then cotempt proceedings may be resorted to...
Thank You..
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