Winding up petition whether maintainable

Legal Wizard (Querist) 24 November 2009 This query is : Resolved
Winding up petition whether maintainable when arbitration petition is pending before the Arbitrator?

Follow Query

Report Abuse

Raj Kumar Makkad (Expert) 24 November 2009
No. If the arbitrator is taking up the issue then the petition for winding up is not maintainable. It is better to withdraw the petition pending with the arbitrator if the petition for the winding up is to be moved.

n.k.sarin (Expert) 24 November 2009
In my view winding up petition is maintainable even arbitration petition is pending before the arbitrator.Both are different petitions.

Manish Singh (Expert) 30 November 2009
Dear Mr. Rajesh,
yes the winding up petition shall be very much maintainable even if some arbitration proceedings are going on simultaneously. winding up petition is not a dispute and does not come under the purview of arbitration act.

Legal Wizard (Querist) 30 November 2009
Thank You Very much for your in sighted reply.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries