R. K. ARORA GENERAL MANAGER & ANR. versus M/S ACE ENTERPRISES

R. K. ARORA GENERAL MANAGER & ANR. versus M/S ACE ENTERPRISES

Though the application was filed as one for contempt, it was in substance an application under Order XXXIX Rule 2A of the Jammu and Kashmir Code of Civil Procedure Act, 1977; the trial court has no jurisdiction to adjudicate contempt of itself under the Contempt of Courts Act, but may proceed with action under Order XXXIX Rule 2A regarding disobedience of injunctions.

Parties
Appellant: R. K. Arora General Manager & Anr.; Respondent: M/s ACE Enterprises
Jurisdiction
India
Judgment Date
07 February 2018
Procedural Posture
Civil Appeal / Post Final Hearing—appeal Disposed
Outcome
Appeal disposed of.
Legal Topics
Maintainability of Contempt Petitions, Jurisdiction of Subordinate Courts Regarding Contempt, Order XXXIX Rule 2 a Proceedings, Disobedience of Injunction Orders
Civil Procedure Contempt of Court Injunctions Arbitration Maintainability of Contempt Petitions Jurisdiction of Subordinate Courts Regarding Contempt Order XXXIX Rule 2 a Proceedings Disobedience of Injunction Orders

Case Brief

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Parties

R. K. Arora General Manager & Anr.

Appellant

M/s ACE Enterprises

Respondent

Procedural Posture

Civil Appeal / Post Final Hearing—appeal Disposed

Legal Issues

  1. 1 Whether the trial court had jurisdiction to entertain and decide a contempt application for alleged violation of its own injunction order.
  2. 2 Whether the application filed for contempt proceedings should be treated as one under Order XXXIX Rule 2A of the Jammu and Kashmir Code of Civil Procedure Act, 1977.

Ratio Decidendi

Though the application was filed as one for contempt, it was in substance an application under Order XXXIX Rule 2A of the Jammu and Kashmir Code of Civil Procedure Act, 1977; the trial court has no jurisdiction to adjudicate contempt of itself under the Contempt of Courts Act, but may proceed with action under Order XXXIX Rule 2A regarding disobedience of injunctions.

Court Disposition

Appeal disposed of.

Orders

  • The application for contempt filed before the trial court shall be treated and renumbered as one under Order XXXIX Rule 2A of the Jammu and Kashmir Code of Civil Procedure, 1977.
  • The trial court shall first determine whether there is any disobedience of the injunction order, and, if so, proceed in accordance with Order XXXIX Rule 2A.