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Can a Arbitrator order winding up of a company ?

October 8, 2012
Relevant Act : Companies Act, 1956. Decided Case Law : Haryana Telecom Ltd  Vs Sterlite Industries (India) Ltd. Case Decided by : Supreme Court Clarification : The Arbitrator can refer the matters relating to disputes for which he is empowered to  decide. An Arbitrator, not withstanding any agreement between the parties, would have no jurisdiction to order winding up of a Company, since such power is conferred on  High Court by the Companies Act, 1956 and referral of a winding up petition under Section 8 of the  Arbitration & Conciliation Act, 1996 was dismissed.
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