https://www.taxtmi.com/caselaws?id=313874 An order of the NCLT allowing a Section 8 arbitration application was appealable under Section 421 of the Companies Act, so the appeal was maintainable. However, a petition for oppression and mismanagement under Sections 241 and 242 raises statutory, rights in rem issues and involves Tribunal powers that cannot be exercised by a private arbitrator; the dispute was therefore non-arbitrable and the reference to arbitration was set aside. The connected transfer request was rejected, the impleadment request was held belated and unsubstantiated, and the contempt petitions failed for want of any operative breach. en-us Thu, 25 Aug 2022 00:00:00 +0530 Mon, 06 May 2024 20:05:19 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=313874 An order of the NCLT allowing a Section 8 arbitration application was appealable under Section 421 of the Companies Act, so the appeal was maintainable. However, a petition for oppression and mismanagement under Sections 241 and 242 raises statutory, rights in rem issues and involves Tribunal powers that cannot be exercised by a private arbitrator; the dispute was therefore non-arbitrable and the reference to arbitration was set aside. The connected transfer request was rejected, the impleadment request was held belated and unsubstantiated, and the contempt petitions failed for want of any operative breach. Case-Laws Companies Law Thu, 25 Aug 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=313874