TMI Blog2012 (8) TMI 1158X X X X Extracts X X X X X X X X Extracts X X X X ..... ent whereby all disputes between the company on the one hand and any of the members or their heirs, etc., on the other hand shall be referred to the decision of any arbitrator to be appointed by the parties. It was argued that the company petition has been filed only with a view to frustrate the arbitration agreement contained in the articles of association. It was contended that the arbitration agreement is binding on the parties and all disputes or alleged acts of oppression and mismanagement are covered by the arbitration agreement and have to be mandatorily referred to the arbitrator to be appointed by the parties. 2. To support his contentions, the counsel for the applicant placed reliance on the case law in Naveen Kedia v. Ch ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cy of the company petition. 5. To support his contentions, that the matter as contained in the CP No. 27 of 2012 cannot be referred to the arbitrator, the counsel for the petitioner relied upon the case law in Haryana Telecom Ltd. v. Sterlite Industries (India) Ltd. [1999] 34 CLA 246 (SC) : AIR 1999 SC 2354; Harndale (UK) Ltd. v. GTP Granites Ltd. CP No. 52/99, dated 5th June, 2002, Chennai Bench (CLB); Surendra Kumar Dhawan v. R. Vir [CA No. 626 of 1972 in CP No. 73 of 1973 by High Court of Delhi]. 6. I have considered the rival submissions and the case law cited by the parties. In the facts and circumstances of this case and in view of the legal position, the CA No. 27 of 2012 cannot be allowed. It is correct to argue th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d.'s case (supra), are equally relevant. In the aforesaid case, the Hon'ble Supreme Court observed while construing the scope of section 8 of the Act vis-`-vis the authority of an arbitrator appointed by consent of the parties, observed that: The claim in a petition for winding up is not for money. The petition filed under the Act would be to the effect, in a matter like this, that the company has become commercially insolvent and, therefore, should be wound up. The power of order winding up of a company is contained under the Act and is conferred on the court. An arbitrator, notwithstanding any agreement between the parties, would have no jurisdiction to order winding up of a company. The matter which is pending before the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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