https://www.taxtmi.com/caselaws?id=101059 Section 34 of the Arbitration Act, 1940 requires a stay application before filing a written statement or taking any other step in the proceedings. A request, including an oral request through counsel, for adjournment to file a written statement demonstrates an intention to contest on merits and constitutes such a step, barring a stay. Winding-up jurisdiction under the Companies Act, 1956 concerns liquidation and realisation of assets and cannot be displaced by arbitration. A section 34 application must also identify the dispute and material facts bringing it within the arbitration clause; bare allegations of loss or non-compliance are insufficient. Consequently, the stay application fails and winding-up proceedings continue. en-us Thu, 20 Oct 1983 00:00:00 +0530 Wed, 08 Feb 2012 13:57:49 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=101059 Section 34 of the Arbitration Act, 1940 requires a stay application before filing a written statement or taking any other step in the proceedings. A request, including an oral request through counsel, for adjournment to file a written statement demonstrates an intention to contest on merits and constitutes such a step, barring a stay. Winding-up jurisdiction under the Companies Act, 1956 concerns liquidation and realisation of assets and cannot be displaced by arbitration. A section 34 application must also identify the dispute and material facts bringing it within the arbitration clause; bare allegations of loss or non-compliance are insufficient. Consequently, the stay application fails and winding-up proceedings continue. Case-Laws Companies Law Thu, 20 Oct 1983 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=101059