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Contempt Jurisdiction A Necessity, Availability Of Alternative Remedy No Bar To Invoke It

In Contempt Case (Civil) No.1132 of 2018, M/s Lanco Amarkantak Power Ltd., vs South Eastern Coalfields Ltd., Order delivered on: 7-1-2019, the Chattisgarh High Court had earlier restored the award passed by the arbitral tribunal and directed SECL to make payment of the decretal amount to Lanco Amarkantak Power Ltd. As the amount was not paid by SECL, the company had approached the high court invoking contempt jurisdiction.

The respondents raised the preliminary objection that since the execution application is maintainable under Section 36 of the Arbitration and Conciliation Act for executing the award passed by the Arbitral Tribunal, therefore, the contempt petition would not be maintainable.

The High Court declared that the jurisdiction to punish for contempt is an inalienable attribute of and inheres in, every superior court of record. This is jurisdiction of necessity. The court also observed that merely because the alternative remedy of laying execution of arbitral award is available, the contempt petition preferred for willful disobedience of the order of high court cannot be thrown out if it appears to the court that the order so passed has been willfully disobeyed by the contemnor.



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