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2009 (10) TMI 526 - HC - Companies LawWinding up petition - whether this company petition filed before this court for winding up of the respondent-company for non-payment of the alleged debt of ₹ 1,37,68,025.73 is maintainable when the petitioner has already filed application seeking appointment of an arbitrator under section 11 of the Arbitration and Conciliation Act, 1996, for determining the very same claim ? Held that:- Having regard to the undisputed fact that the petitioner has already filed application under section 11 of the Arbitration and Conciliation Act, 1996, for appointment of an arbitrator to resolve the dispute arising out of bill dated February 22, 2008, it is of the view that the company petition filed for winding up of the respondent-company is not maintainable.
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