https://www.taxtmi.com/caselaws?id=280525 A company petition alleging oppression and mismanagement was treated as a contractual dispute because the pleaded rights and reliefs flowed from a memorandum of understanding and its addendums containing an arbitration clause. The Tribunal applied the principle that a proceeding cannot be split where the entire subject-matter is covered by the arbitration agreement, and held that claims for management control, share transfer, voting restraints, demerger-related directions and damages were referable to arbitration. It also noted that the wide powers under sections 397, 398, 402 and 403 of the Companies Act, 1956 do not bar refusal to entertain a petition that is, in substance, an attempt to avoid arbitration. en-us Tue, 06 Dec 2016 00:00:00 +0530 Mon, 13 May 2019 10:48:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=280525 A company petition alleging oppression and mismanagement was treated as a contractual dispute because the pleaded rights and reliefs flowed from a memorandum of understanding and its addendums containing an arbitration clause. The Tribunal applied the principle that a proceeding cannot be split where the entire subject-matter is covered by the arbitration agreement, and held that claims for management control, share transfer, voting restraints, demerger-related directions and damages were referable to arbitration. It also noted that the wide powers under sections 397, 398, 402 and 403 of the Companies Act, 1956 do not bar refusal to entertain a petition that is, in substance, an attempt to avoid arbitration. Case-Laws Companies Law Tue, 06 Dec 2016 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=280525