IN RE: EMGEE HOUSING (P.) LTD. Vs. STATE

JUDGEMENT

(1.) IN this order I am considering Company Application No. 27 of 2012 filed by R -1 -company Emgee Housing (P.) Ltd. under section 8 of the Arbitration and Conciliation Act, 1996, ('the Arbitration Act') seeking reference of the disputes alleged in CP No. 8/2012 to Arbitrator. The applicant's case is that article 53 of the articles of association ('AoA') of the R -1 -company contains arbitration agreement whereby all disputes between the company on the one hand and any of the members or their heirs, etc., on the other hand shall be referred to the decision of any arbitrator to be appointed by the parties. It was argued that the company petition has been filed only with a view to frustrate the arbitration agreement contained in the articles of association. It was contended that the arbitration agreement is binding on the parties and all disputes or alleged acts of oppression and mismanagement are covered by the arbitration agreement and have to be mandatorily referred to the arbitrator to be appointed by the parties.

(2.) TO support his contentions, the counsel for the applicant placed reliance on the case law in Naveen Kedia v. Chennai Power Generation Ltd. - : [1998] 31 CLA 1 (CLB): : [1999] 95 Comp Cas 640; Escorts Finance Ltd. v. G.R. Solvents & Allied : [1999] 33 CLA 124 (CLB): : [1999] 96 Comp Cas 323; Bhadresh Kantilal Shah v. Magotteaux International : [2000] 36 CLA 76 (CLB): : [2002] 121 Comp Cas 220; Air touch International v. RPG Cellular Investments : [2011] 60 CLA 279 (CLB): : [2004] 121 Comp Cas 647 and Rashtriya Ispat Nigam Ltd. v. Verma Transport Company on 8th August, 2006 Appeal (Civil) 3420 of 2006 (SC).

(3.) THE counsel for the petitioner also drew my attention to an order under section 17 of the Act which, it was alleged, has been sought from the CLB by mis -representing before the CLB for wrongful transfer of the registered office of the company from Mumbai to Goa. It was pointed out that the orders of the CLB permitting change of the registered office was got at the back of the petitioner during the pendency of the company petition.