https://www.taxtmi.com/caselaws?id=354605 A statutory tribunal cannot defer adjudication of a company petition by making relief contingent on arbitration between persons who were not parties to the arbitration agreement or proceedings. The Gujarat High Court treated the grievance as jurisdictional, holding that the availability of an appellate remedy under Section 421 of the Companies Act, 2013 did not bar writ intervention where the tribunal was alleged to have refused to exercise vested jurisdiction. The company tribunal was required to decide the petition independently and in accordance with law, and any arbitral findings could not bind the petitioners at that stage. Interim protection was granted by staying the deferment order and allowing the company petition to proceed independently. en-us Mon, 29 Jan 2018 00:00:00 +0530 Thu, 01 Feb 2018 06:42:26 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=354605 A statutory tribunal cannot defer adjudication of a company petition by making relief contingent on arbitration between persons who were not parties to the arbitration agreement or proceedings. The Gujarat High Court treated the grievance as jurisdictional, holding that the availability of an appellate remedy under Section 421 of the Companies Act, 2013 did not bar writ intervention where the tribunal was alleged to have refused to exercise vested jurisdiction. The company tribunal was required to decide the petition independently and in accordance with law, and any arbitral findings could not bind the petitioners at that stage. Interim protection was granted by staying the deferment order and allowing the company petition to proceed independently. Case-Laws Companies Law Mon, 29 Jan 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=354605