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Case Analysis: Alka Chandewar v. Khan

This document outlines a case analysis of Alka Chandewar v. Shamshul Ishrar Khan, a Supreme Court case that clarified the scope of Section 27(5) of the Arbitration and Conciliation Act, 1996 relating to non-compliance with arbitral tribunal orders. The analysis will discuss the facts of the case, identify the legal issues, explain the relevant law and section, apply the law to the issues, reference precedents and their applicability, provide a critical review of the judgment, and draw a conclusion.

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Nikhil Kalyan
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57 views1 page

Case Analysis: Alka Chandewar v. Khan

This document outlines a case analysis of Alka Chandewar v. Shamshul Ishrar Khan, a Supreme Court case that clarified the scope of Section 27(5) of the Arbitration and Conciliation Act, 1996 relating to non-compliance with arbitral tribunal orders. The analysis will discuss the facts of the case, identify the legal issues, explain the relevant law and section, apply the law to the issues, reference precedents and their applicability, provide a critical review of the judgment, and draw a conclusion.

Uploaded by

Nikhil Kalyan
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd

Case analysis of Alka Chandewar v.

Shamshul Ishrar Khan


Sec 27(5) of Arbitration and Conciliation Act, 1996 contemplates the position for non-
compliance of the orders of the tribunal which read as follows;-
Persons failing to attend in accordance with such process, or making any other
default, or refusing to give their evidence, or guilty of any contempt to the arbitral
tribunal during the conduct of arbitral proceedings, shall be subject to the like
disadvantages, penalties and punishments by order of the Court on the
representation of the arbitral tribunal as they would incur for the like offences in
suits tried before the Court.

However the scope of the said section was in dilemma until the Supreme Court clarified the

applicability in the judgment of Alka Chandewar v. Shamshul Ishrar Khan 1which

was a SLP arising out of Bombay High Court decision. The researcher in this research

work/project would analyze the above mentioned judgment in detail and adding to that

the researcher would also analyze the relevant provision of the Arbitration and

Conciliation Act, 1996 in detail.

The following would be the heads under which the case would be discussed/analyzed

1. Facts of the case

2. Identification of the issues

3. Explaining the legal principle/section/proviso involved

4. Appling the law to issues with logical conclusions

5. Precedents/cases referred and applicability of ratio

6. Judgment and critical appraisal

7. Conclusion

Shaik Md Umar Abdullah


17LLB084
SEMESTER VI SEC B

1
(2017) 16 SCC 119

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