Court Under Section 9 Of A&C Act Can Punish For Disobedience Of Its Order, Power Akin To Order 39 Rule 2A Of CPC: Calcutta High Court
10 months, 3 weeks ago

Court Under Section 9 Of A&C Act Can Punish For Disobedience Of Its Order, Power Akin To Order 39 Rule 2A Of CPC: Calcutta High Court

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The High Court of Calcutta has held that the Court under Section 9 of the A&C Act can punish for the disobedience of its order. Thereafter, the petitioner approached the Commercial Court under Section 9 of the A&C Act seeking refund of the encashed amount and also restraining the respondent from acting on notice of invocation in respect of the remaining bank guarantees. Analysis by the Court The Court noted that the Commercial Court at Rajarhat had jurisdiction to implement its own order under Section 9 of the A&C Act, even after the constitution of the Arbitral Tribunal. The Court held that constitution of arbitral tribunal is not a bar on a party's right to approach Section 9 Court for implementation of its order. The Court held that the petitioner should have approached the Commercial Court under Section 9 for the enforcement of its order and for action against respondent no.4 for violation of the Court's order.

History of this topic

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