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    <title>2014 (9) TMI 1127 - COMPANY LAW BOARD, MUMBAI</title>
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    <description>Section 8 of the Arbitration and Conciliation Act, 1996 was held inapplicable where the company and the petitioners were not shown to be parties to a valid arbitration agreement, and the reliefs sought arose from statutory oppression and mismanagement proceedings under the Companies Act, 1956. Private shareholder arrangements could not override that statutory jurisdiction, and the existence of a section 34 challenge did not change the position. Interim reliefs seeking appointment of an administrator or special officer, forensic audit, and stay of the earlier order were also declined because they would effectively grant final relief at the interim stage. The observer-cum-facilitator&#039;s role remained limited to ensuring sale proceeds were applied toward genuine company liabilities.</description>
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    <pubDate>Fri, 05 Sep 2014 00:00:00 +0530</pubDate>
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      <title>2014 (9) TMI 1127 - COMPANY LAW BOARD, MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=195152</link>
      <description>Section 8 of the Arbitration and Conciliation Act, 1996 was held inapplicable where the company and the petitioners were not shown to be parties to a valid arbitration agreement, and the reliefs sought arose from statutory oppression and mismanagement proceedings under the Companies Act, 1956. Private shareholder arrangements could not override that statutory jurisdiction, and the existence of a section 34 challenge did not change the position. Interim reliefs seeking appointment of an administrator or special officer, forensic audit, and stay of the earlier order were also declined because they would effectively grant final relief at the interim stage. The observer-cum-facilitator&#039;s role remained limited to ensuring sale proceeds were applied toward genuine company liabilities.</description>
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      <pubDate>Fri, 05 Sep 2014 00:00:00 +0530</pubDate>
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