winding up v/s arbitration

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

25 July 2011 When arbitration proceeding is pending can winding up petition be filed in the court?

Suppose X company has to pay Rs--and case is filed under arbitration clause for the claim and while arbitration proceeding is pending can we file winding up petition in High Court?

Pls suggest me any case law on this or article

Urgent reply is sought

C A S.S.Agarwal, M.Com.,LL.B,

C A S.S.Agarwal, M.Com.,LL.B, (Expert)
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25 July 2011 Once the matter is referred to arbitration the winding up petition cannot be filed but if it is filed the court is not aware of the pending position. On the very first hearing the matter should be brought to the notice of the High Court and during the pendency of the Arbitration Proceedings the petition for winding up cannot be heard.

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