Article 8 treaty coverage excluded third-party airline support services, while documented demonetisation cash receipts remained accepted business inco...
Functional comparability under TNMM requires highway contract benchmarks to reflect operation, maintenance and transfer activities, requiring fresh be...
Objective characteristics govern magnesium bis-glycinate chelate classification as an amino-acid coordination compound, not a food preparation or anti...
Independent professional certification requires pleaded knowledge or complicity for criminal liability; untimely complaints remain barred by limitatio...
Applicability of Section 8 of the Arbitration and Conciliation Act, 1996, in a company law matter involving allegations of oppression and mismanagement u/ss 96, 173, 241, and 244 of the Companies Act, 2013. The appellant failed to produce the original or certified copy of the agreement containing the arbitration clause, instead relying on an "authenticated copy." The tribunal held that an authenticated copy cannot be treated as a certified copy u/s 47 of the Registration Act and Rule 2(9) of the NCLT Rules, which is required to invoke Section 8. Additionally, the court relied on the Supreme Court's decision in Booz Allen & Hamilton Inc. v. SBI Home Finance Ltd., which stated that arbitration proceedings are a private forum and cannot preclude filing a company petition, as it is a judicial proceeding under the Companies Act and IBC. Consequently, the appellant's application u/s 8 was held inadmissible, and the company appeal was dismissed for failing to meet the statutory requirements.
Applicability of Section 8 of the Arbitration and Conciliation Act, 1996, in a company law matter involving allegations of oppression and mismanagement u/ss 96, 173, 241, and 244 of the Companies Act, 2013. The appellant failed to produce the original or certified copy of the agreement containing the arbitration clause, instead relying on an "authenticated copy." The tribunal held that an authenticated copy cannot be treated as a certified copy u/s 47 of the Registration Act and Rule 2(9) of the NCLT Rules, which is required to invoke Section 8. Additionally, the court relied on the Supreme Court's decision in Booz Allen & Hamilton Inc. v. SBI Home Finance Ltd., which stated that arbitration proceedings are a private forum and cannot preclude filing a company petition, as it is a judicial proceeding under the Companies Act and IBC. Consequently, the appellant's application u/s 8 was held inadmissible, and the company appeal was dismissed for failing to meet the statutory requirements.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4805
Join Channel
TaxTMI 
