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    <title>2007 (3) TMI 399 - HIGH COURT OF MADRAS</title>
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    <description>A petition alleging oppression and mismanagement under the Companies Act, 1956 is not referable to arbitration where the reliefs sought are statutory remedies that an arbitral tribunal cannot grant. The dispute was not limited to contractual rights under the subscription agreement; it also involved issues of shareholder status and locus standi that could be addressed as preliminary issues in the company petition itself. The governing principle is that only disputes capable of arbitral determination may be referred under section 8, and mixed claims seeking company-law reliefs remain outside arbitration. The refusal to refer the petition was therefore upheld.</description>
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    <pubDate>Wed, 21 Mar 2007 00:00:00 +0530</pubDate>
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      <title>2007 (3) TMI 399 - HIGH COURT OF MADRAS</title>
      <link>https://www.taxtmi.com/caselaws?id=113087</link>
      <description>A petition alleging oppression and mismanagement under the Companies Act, 1956 is not referable to arbitration where the reliefs sought are statutory remedies that an arbitral tribunal cannot grant. The dispute was not limited to contractual rights under the subscription agreement; it also involved issues of shareholder status and locus standi that could be addressed as preliminary issues in the company petition itself. The governing principle is that only disputes capable of arbitral determination may be referred under section 8, and mixed claims seeking company-law reliefs remain outside arbitration. The refusal to refer the petition was therefore upheld.</description>
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      <pubDate>Wed, 21 Mar 2007 00:00:00 +0530</pubDate>
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