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2018 (7) TMI 1232 - HC - Companies LawWinding up petition - Held that:- On the contrary, it categorically states that where the issue relates to right in rem the same are not arbitrable. Hence, there is no merit in the said plea of the respondent regarding the existence of an arbitration clause as it cannot oust the jurisdiction of this court to adjudicate the winding up petition. The next plea of the respondent is that the laws of Sweden applies and it is possible that the claim may not be maintainable under the laws of Sweden. This plea is vague and bereft of any details. Merely stating that it is possible that under the law of Sweden this claim of the petitioner may be barred by limitation or there may be any other impediments in the case of the petitioner to recover this amount, is a vague plea, which cannot be permitted to be raised whatsoever. The respondent has not been able to point out as to under which applicable law of Sweden, the claims of the petitioner are not maintainable. There is no merit in the contention raised by the petitioner. The plea lacks bonafide and cannot be accepted. Accordingly, the petition is admitted and the Official Liquidator attached to this Court is appointed as the Provisional Liquidator. He is directed to take over all the assets, books of accounts and records of the respondent-company forthwith. The citations be published in the Delhi editions of the newspapers ‘Statesman’ (English) and ‘Veer Arjun’ (Hindi), as well as in the Delhi Gazette, at least 14 days prior to the next date of hearing. The cost of publication is to be borne by the petitioner who shall deposit a sum ₹ 75,000/- with the Official Liquidator within 2 weeks, subject to any further amounts that may be called for by the liquidator for this purpose, if required. List on 30.10.2018.
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