- (1.) The petitioner High Quality Steels Ltd. applied under Section 433 (e) and (f) and Section 434 of the Companies Act, 1956 for the winding up of Dwarikesh Sugar Industries Ltd., a company incorporated under the companies Act and having its registered office in district Bijnor, Uttar Pradesh on the ground that the company is unable to pay its debts arising out of three contracts all dated 27.03.2005.
(2.) On the presentation of the company petition, notices were issued to Dwarikesh Sugar Industries Ltd. and a counter affidavit in reply to the winding up petition was filed by it in February, 2009.
(3.) After filing of the reply in the proceedings, an application under Section 8 of the Arbitration and Conciliation Act, 1996 was moved by Dwarikesh Sugar Industries Ltd. in February, 2013 for referring the dispute to the Arbitration on the allegation that the contracts which have lead to the filing of winding up petition contain arbitration agreements.;