TaxTMI 
TaxTMI 
2013 (11) TMI 1791
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....ion filed by the appellant herein under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as `Act' for the sake of brevity) and affirming the award dated 12.11.2003 passed by the sole Arbitrator. 2. I have heard the arguments of Sri.S.Shaker Shetty, learned counsel appearing for the appellant and Sri. N. J. Kumar, learned counsel appearing for M/s.Udwadia and Udeshi for respondent No.1. R-2 is served and unrepresented. Perused the records. 3. It is the contention of Sri. Shaker Shetty that award passed by the sole Arbitrator as affirmed by the trial Court is without considering the pleas advanced in the petition filed under Section 34 of the Act and same being erroneous he prays for setting aside th....
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....n of India 5. AIR 1999 SC 647 - State of Punjab and others Vs Dr.R.N.Bhatnagar and anr 6. AIR 2007 SC 1332 - Sanjay Verma Vs Manik Roy and others 4. Per contra, Sri.N.J.Kumar, learned counsel appearing for respondent No.1 would raise an initial objection with regard to maintainability of this appeal itself on the ground that appellant company has been struck off from the Register maintained by the Registrar of Companies pursuant to appellant filing application before the Registrar of Companies seeking voluntary striking off the name of the appellant company and same having been removed from the Register, appellant company ceases to be existing and as such appeal in question cannot be maintained by it since it is a non- existent com....
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....the dispute. He would submit even otherwise clause in the invoice issued to appellant by respondent-claimant would indicate that parties were at liberty to invoke arbitration clause as found therein for resolution of disputes and as such the respondent-claimant had invoked the said clause and appellant cannot contend that there is no arbitration clause or contract between parties. In support of his submission he relies upon the Judgment of the High Court of Gujarat in the case of FLOATING SERVICES LTD., VS MV `SAN FRANSCECO DIPALOLA' reported in (2004) 52 SCL 762 (Guj). 5. In reply Sri.Shaker Shetty, learned counsel appearing for appellant would submit that annexures to the memos filed by the respondent need not be looked into by thi....
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.... or a legal entity. A company becomes a legal entity or juristic person when it is incorporated and registered under the Companies Act. A company gets a right to sue or be sued on the obvious ground that it is registered. Thus, only when it is incorporated it becomes a legal person and as such it can sue or be sued. In the absence of incorporation under the Companies Act, an association of persons or body of persons would not get themselves converted into a juristic person. 9. Under section 34 of the Companies Act, on registration of memorandum of a company, the registrar will certify under his hand that the company is incorporated and from the date of incorporation mentioned in the certificate of incorporation, such of the subscribers o....