https://www.taxtmi.com/caselaws?id=104983 A winding-up petition under the Companies Act, 1956 is not automatically stayed merely because the company has an arbitration agreement or has filed an application under section 34 of the Arbitration Act, 1940. The Company Court's winding-up jurisdiction is statutory and cannot be displaced mechanically by arbitration. A stay is justified only where the respondent shows a real and bona fide dispute that falls within the scope of the arbitration agreement, and the court must examine the substance of that dispute before directing arbitration. The stay order was therefore set aside and the matter remitted for reconsideration on bona fide dispute and arbitrability. en-us Thu, 14 Oct 1999 00:00:00 +0530 Fri, 02 Mar 2012 10:22:55 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=104983 A winding-up petition under the Companies Act, 1956 is not automatically stayed merely because the company has an arbitration agreement or has filed an application under section 34 of the Arbitration Act, 1940. The Company Court's winding-up jurisdiction is statutory and cannot be displaced mechanically by arbitration. A stay is justified only where the respondent shows a real and bona fide dispute that falls within the scope of the arbitration agreement, and the court must examine the substance of that dispute before directing arbitration. The stay order was therefore set aside and the matter remitted for reconsideration on bona fide dispute and arbitrability. Case-Laws Companies Law Thu, 14 Oct 1999 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=104983