ALKA CHANDEWAR Vs. SHAMSHUL ISHRAR KHAN

JUDGEMENT

(1.) Leave granted.

(2.) The present appeal arises from the judgment of the Bombay High Court dated 27th Oct., 2015, in which the High Court has construed Sec. 27(5) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the Act") in a somewhat restrictive manner. The facts necessary to appreciate the point involved in this appeal are that on 7th Oct., 2010, the sole Arbitrator appointed by the parties passed an interim order under Sec. 17 of the said Act, in which it was mentioned that no further flats were to be disposed of without the leave of the Arbitral Tribunal. In breach of this order, it is alleged that on 14th Oct., 2010 the respondent in fact transferred five such flats. By the order passed on 22nd March, 2012, it was held by the learned Arbitrator that the order of 7th Oct., 2010 had, in fact, been breached by the respondent and certain other interim directions were made by the aforesaid order. Ultimately, by an order dated 5th May, 2014, the learned Arbitrator referred the aforesaid contempt of the order dated 7th Oct., 2010 to the High Court to pass necessary orders thereon under Sec. 27(5) of the Act.

(3.) In the judgment under appeal, the High Court held: