S N ENTERPRISES PVT LTD Vs. SANPAOLO HAMBRO NICCO FINANCE LTD
LAWS(CAL)-1996-6-29
HIGH COURT OF CALCUTTA
Decided on June 06,1996

S.N.ENTERPRISES PVT LTD Appellant
VERSUS
SANPAOLO HAMBRO NICCO FINANCE LTD Respondents


Referred Judgements :-

SHREE GOURI SHANKAR JUTE MILLS LTD.'S CASE [REFERRED TO]
GOBIND INDUSTRIAL GASES LTD. V. BINDYWSWARI GAS AGENCY [REFERRED TO]
DAMAN ANAND V. HIRA LAL [REFERRED TO]
THAKUR PAPER MILLS LTD.,SAMASTIPUR AND IN RE: KALASH CHAND JAIN [REFERRED TO]
ANDERSON WRIGHT LIMITED VS. MORAN AND CO [REFERRED TO]
UNION OF INDIA VS. BIRLA COTTON SPINNING AND WEAVING MILLS LIMITED [REFERRED TO]
STATE OF PUNJAB VS. GEETA IRON AND BRASS WORKS LIMITED [REFERRED TO]
FOOD CORPORATION OF INDIA VS. YADAV ENGINEER AND CONTRACTOR [REFERRED TO]
PEARL HOSIERY MILLS VS. UNION OF INDIA [REFERRED TO]



Cited Judgements :-

SHAPOORJI PALLONJI FINANCE LTD VS. RAYALASEEMA ALKALIES [LAWS(APH)-2005-4-62] [REFERRED TO]
AHMEDABAD ELECTRICITY COMPANY LIMITED VS. SANGHI SPINNERS INDIA LTD [LAWS(APH)-2006-6-119] [REFERRED TO]
RAM KUMAR RADHESHYAM KEDIA VS. SUBRATA SASMAL AND CO PVT LTD [LAWS(CAL)-1999-10-36] [REFERRED TO]


JUDGEMENT

- (1.)The Court: There or, two applications, one is an application for winding up for non-payment, and the other is an application for stay under section 34 of the Arbitration Act.
(2.)The main question that arises for determination in the application is whether section 34 of the Arbitration Act is applicable in winding up proceeding and whether stay should be granted in the facts and circumstances of the instant case.
(3.)The facts on record inter alia are that on the terms and conditions more fully and particularly stated in an agreement of lease dated 28th October, 1992 the petitioner granted lease to the company of 864 CIC Sagment Rings (hereinafter referred to as the 'said Equipment').
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