https://www.taxtmi.com/caselaws?id=102323 A contractual arbitration clause does not oust the company court's special statutory jurisdiction in winding-up proceedings under the Companies Act, because such petitions affect creditors, contributories and shareholders as a class. The clause may still bind the parties inter se, but it cannot by itself prevent the company court from deciding whether a winding-up order should be made. An objection based on arbitration may be raised, yet a stay of winding-up proceedings is not automatic and depends on whether the dispute is bona fide, whether a prima facie defence calls for arbitration, and whether the circumstances justify discretionary relief. en-us Fri, 20 Dec 1991 00:00:00 +0530 Tue, 14 Feb 2012 14:51:39 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=102323 A contractual arbitration clause does not oust the company court's special statutory jurisdiction in winding-up proceedings under the Companies Act, because such petitions affect creditors, contributories and shareholders as a class. The clause may still bind the parties inter se, but it cannot by itself prevent the company court from deciding whether a winding-up order should be made. An objection based on arbitration may be raised, yet a stay of winding-up proceedings is not automatic and depends on whether the dispute is bona fide, whether a prima facie defence calls for arbitration, and whether the circumstances justify discretionary relief. Case-Laws Companies Law Fri, 20 Dec 1991 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=102323