HARYANA TELECOM LTD. versus STERLITE INDUSTIRES (INDIA) LTD.
Disputes relating to the winding up of a company cannot be referred to arbitration, even if an agreement exists, as an arbitrator lacks jurisdiction under the Companies Act to order winding up.
- Parties
- Petitioner: Haryana Telecom Ltd.; Respondent: Sterlite Industries (India) Ltd.
- Jurisdiction
- India
- Judgment Date
- 13 July 1999
- Procedural Posture
- Special Leave Petition / Dismissed in Limine
- Outcome
- Petition dismissed in limine
- Legal Topics
- Refer Parties to Arbitration, Winding Up of Company
Case Brief
Summary, issues, holding and outcome
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Full judgment text Legal principles 1 Authorities cited 3 Party arguments 1
Parties
Haryana Telecom Ltd.
Petitioner
Sterlite Industries (India) Ltd.
Respondent
Procedural Posture
Special Leave Petition / Dismissed in Limine
Legal Issues
- 1 Whether a winding up petition under the Companies Act can be referred to arbitration under Section 8 of the Arbitration and Conciliation Act, 1996
Ratio Decidendi
Disputes relating to the winding up of a company cannot be referred to arbitration, even if an agreement exists, as an arbitrator lacks jurisdiction under the Companies Act to order winding up.
Court Disposition
Petition dismissed in limine
Orders
- Petition dismissed
Full Case Text
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