<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>1971 (7) TMI 97 - HIGH COURT OF CALCUTTA</title>
    <link>https://www.taxtmi.com/caselaws?id=99980</link>
    <description>Winding-up jurisdiction cannot be used as a substitute for the contractual and statutory method of enforcing an arbitral award where the agreement contemplates filing the award in court and recovering through the ordinary legal process. The court treated the award as binding only so long as it remained unchallenged, but not as authorising bypass of the agreed enforcement route. It also held that a bona fide dispute over liability, supported by counter-claims and related commercial dealings, made the petition an improper attempt at equitable execution through insolvency-style proceedings. The petition was therefore regarded as an abuse of process and not admitted.</description>
    <language>en-us</language>
    <pubDate>Sat, 17 Jul 1971 00:00:00 +0530</pubDate>
    <lastBuildDate>Mon, 30 Jan 2012 17:54:29 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=137031" rel="self" type="application/rss+xml"/>
    <item>
      <title>1971 (7) TMI 97 - HIGH COURT OF CALCUTTA</title>
      <link>https://www.taxtmi.com/caselaws?id=99980</link>
      <description>Winding-up jurisdiction cannot be used as a substitute for the contractual and statutory method of enforcing an arbitral award where the agreement contemplates filing the award in court and recovering through the ordinary legal process. The court treated the award as binding only so long as it remained unchallenged, but not as authorising bypass of the agreed enforcement route. It also held that a bona fide dispute over liability, supported by counter-claims and related commercial dealings, made the petition an improper attempt at equitable execution through insolvency-style proceedings. The petition was therefore regarded as an abuse of process and not admitted.</description>
      <category>Case-Laws</category>
      <law>Companies Law</law>
      <pubDate>Sat, 17 Jul 1971 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=99980</guid>
    </item>
  </channel>
</rss>