2016 (4) TMI 1300

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... that a case for winding up is made out, prior to granting any relief. In Haryana Telecom Ltd. Vs. Sterlite Industries (India) Ltd, (1999 (7) TMI 545 - SUPREME COURT OF INDIA) Supreme Court has held that arbitration clause is not attracted to winding up proceedings. It is also settled law that under Sections 397 and 398 of the Companies Act, relief can be granted even contrary to any Articles of .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... icles of Association of petitioner no. 1-Company clearly provide that all disputes pertaining to the affairs of the petitioner no. 1-Company shall be referred to arbitration. He further submits that if an Arbitrator could settle the disputes, then the matter under Sections 397 and 398 of the Companies Act should be referred to arbitration. 3. However, this Court is of the view that here petitio .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X