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    <title>1928 (5) TMI 3 - ALLAHABAD HIGH COURT</title>
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    <description>An official liquidator&#039;s powers under section 179 of the Companies Act, 1913, to sue, defend, and take acts necessary for winding up did not include an implied power to refer company disputes to private arbitration, even with court sanction. Section 152, allowing a company to refer matters to arbitration, was treated as limited to arbitration under the Indian Arbitration Act and not as authority for a liquidator. The absence of any express power to arbitrate, contrasted with the express power to compromise claims under section 234, supported the view that such authority was not intended. The application for permission to refer the dispute to private arbitration was refused.</description>
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    <pubDate>Mon, 21 May 1928 00:00:00 +0530</pubDate>
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      <title>1928 (5) TMI 3 - ALLAHABAD HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=288900</link>
      <description>An official liquidator&#039;s powers under section 179 of the Companies Act, 1913, to sue, defend, and take acts necessary for winding up did not include an implied power to refer company disputes to private arbitration, even with court sanction. Section 152, allowing a company to refer matters to arbitration, was treated as limited to arbitration under the Indian Arbitration Act and not as authority for a liquidator. The absence of any express power to arbitrate, contrasted with the express power to compromise claims under section 234, supported the view that such authority was not intended. The application for permission to refer the dispute to private arbitration was refused.</description>
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      <pubDate>Mon, 21 May 1928 00:00:00 +0530</pubDate>
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