https://www.taxtmi.com/caselaws?id=379879 The Tribunal held that the Petitioner could pursue its grievance of oppression and mismanagement in the Company Petition despite an earlier application under Section 17 of the Arbitration and Conciliation Act. It was determined that the Sole Arbitrator lacked the authority to adjudicate on issues within the NCLT's jurisdiction. The Company Petition was deemed not a 'dressed up suit' to avoid arbitration. The Tribunal found the dispute non-arbitrable as it involved rights in rem. The Tribunal's decision was upheld on appeal, dismissing it without costs. en-us Wed, 10 Apr 2019 00:00:00 +0530 Thu, 09 May 2019 06:28:10 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=379879 The Tribunal held that the Petitioner could pursue its grievance of oppression and mismanagement in the Company Petition despite an earlier application under Section 17 of the Arbitration and Conciliation Act. It was determined that the Sole Arbitrator lacked the authority to adjudicate on issues within the NCLT's jurisdiction. The Company Petition was deemed not a 'dressed up suit' to avoid arbitration. The Tribunal found the dispute non-arbitrable as it involved rights in rem. The Tribunal's decision was upheld on appeal, dismissing it without costs. Case-Laws Companies Law Wed, 10 Apr 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=379879