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Bhadresh Kantilal Shah vs Magotteaux International And Ors. on 16 December, 1999 cites

Haryana Telecom Ltd vs Sterlite Industires (India) Ltd on 13 July, 1999

20. It is to be noted that this Board has decided, at least in four cases, which have all been cited by Shri Diwan that in view of the mandatory provisions of Section 8 and Section 45 of the Arbitration Act, once it is established that the matters agitated in a Section 397/398 petition arise out of or in connection with an arbitration agreement, then, the Company Law Board has to refer the parties to arbitration. To take a different view in the instant case, there have to be persuasive materials in the form of new points of law not considered in those orders or decisions of a higher forum like a High Court or Supreme Court contrary to the decision taken by this Board. Now we shall analyse the various issues raised by Shri Chagla, including the Haryana Telecom Ltd.'s case [1999] 97 Comp Cas 683, to examine as to whether the decision of this Board requires . reconsideration. The point urged by him, in a nutshell, is that the proceedings under Section 397/398 are outside the purview of Section 45 of the Arbitration Act for the following reasons :
Supreme Court of India Cites 4 - Cited by 152 - Full Document
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