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    <title>2021 (6) TMI 1112 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL NEW DELHI</title>
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    <description>An anti-arbitration injunction restraining commencement and continuation of arbitral proceedings was held unsustainable because pending company-petition proceedings did not, by themselves, justify stalling arbitration. The tribunal&#039;s objections on overlap with oppression and mismanagement claims, waiver, and maintainability were matters to be tested within the arbitral framework, and a subordinate forum could not restrain proceedings before a non-subordinate arbitral forum except in rare and exceptional cases. The company tribunal also exceeded its limits by extending status quo relief and deferring the arbitration objection on a technical basis. The restraint on arbitration was vacated, and the parties were left to pursue their disputes under the arbitration agreement and governing law.</description>
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    <pubDate>Tue, 22 Jun 2021 00:00:00 +0530</pubDate>
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      <title>2021 (6) TMI 1112 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL NEW DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=303128</link>
      <description>An anti-arbitration injunction restraining commencement and continuation of arbitral proceedings was held unsustainable because pending company-petition proceedings did not, by themselves, justify stalling arbitration. The tribunal&#039;s objections on overlap with oppression and mismanagement claims, waiver, and maintainability were matters to be tested within the arbitral framework, and a subordinate forum could not restrain proceedings before a non-subordinate arbitral forum except in rare and exceptional cases. The company tribunal also exceeded its limits by extending status quo relief and deferring the arbitration objection on a technical basis. The restraint on arbitration was vacated, and the parties were left to pursue their disputes under the arbitration agreement and governing law.</description>
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      <pubDate>Tue, 22 Jun 2021 00:00:00 +0530</pubDate>
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