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Issues:
- Application for stay of proceedings under Section 34 of the Arbitration Act in connection with a petition for winding up a company. - Existence of an arbitration agreement between the parties based on a specific clause in the company's letter. - Interpretation of the clause in the letter to determine if it constitutes an arbitration agreement. - Comparison with previous legal precedents regarding the use of the word "may" in arbitration clauses. - Consideration of whether an arbitration agreement should be strictly construed due to its impact on ousting the jurisdiction of civil courts. Analysis: 1. The judgment deals with an application made by a company under Section 34 of the Arbitration Act for a stay of proceedings in response to a winding-up petition filed by three petitioners. The central issue is whether the application for stay should be granted. 2. The petitioners allege that the company is unable to pay its debts and seek winding up under specific clauses of the Companies Act. The company argues for a stay based on an arbitration agreement mentioned in their letter. The deletion of Section 389 of the Companies Act is contested, with the court holding that a company can still enter into arbitration agreements independently. 3. The court examines the clause in the company's letter that refers to arbitration. The petitioners argue that the clause lacks mutual agreement for arbitration, rendering it ineffective. The court cites the importance of parties being ad idem on the submission to arbitration, emphasizing the intention of the parties to make a submission. 4. Legal precedents are cited to support the interpretation of the clause in question. The court refers to a previous case where the use of the word "can" did not mandate arbitration, similar to the current case's use of "may." The court concludes that the clause in the company's letter does not constitute a valid arbitration agreement. 5. The petitioners argue for a strict construction of arbitration agreements due to their impact on civil court jurisdiction. However, the court declines to express an opinion on this matter, focusing instead on the lack of a valid arbitration agreement in the present case. 6. The court distinguishes a previous case where the use of "may" in an arbitration clause was deemed valid due to the immediate context of mutual agreement. In the current case, the lack of mutual agreement in the clause leads to the rejection of the company's application for a stay under Section 34 of the Arbitration Act.
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