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    <title>2004 (2) TMI 723 - COMPANY LAW BOARD, PRINCIAL BENCH, NEW DELHI</title>
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    <description>Section 8 referral to arbitration was unavailable because the company and other necessary parties were not signatories to the family MOU, so the dispute lacked the required commonality of parties and also involved issues partly outside the arbitration agreement. Allegations of oppression and mismanagement concerning removal of directors, further issue of shares, and exclusion of family members from management were held to be independently cognisable in company law proceedings. The Company Law Board was therefore treated as the proper forum, with broader jurisdiction and remedial powers for statutory shareholder rights and equitable relief in company affairs. The petition was not required to be sent to arbitration.</description>
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    <pubDate>Mon, 16 Feb 2004 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=280608</link>
      <description>Section 8 referral to arbitration was unavailable because the company and other necessary parties were not signatories to the family MOU, so the dispute lacked the required commonality of parties and also involved issues partly outside the arbitration agreement. Allegations of oppression and mismanagement concerning removal of directors, further issue of shares, and exclusion of family members from management were held to be independently cognisable in company law proceedings. The Company Law Board was therefore treated as the proper forum, with broader jurisdiction and remedial powers for statutory shareholder rights and equitable relief in company affairs. The petition was not required to be sent to arbitration.</description>
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