Professional Documents
Culture Documents
v.
Modi Rubber
(2006) 12 SCC 642
Relevant Facts
Appellant
Rs. 5 crore
Responde
nt
Defaulted on
payment
Meanwhile
Appellant appealed
to the HC to wind
up the co.
An application was filed by R co. before the Board u/S.19-A r/w S.22
of SICA- permission to dispose of certain shares.
Application was dismissed by the Court on account of Court orders.
Contention arose regarding the legality of the order.
A writ petition was filed before the Delhi High Court, which allowed
the said writ petition.
Issue
o Whether the provisions of the
award
o S.36: Enforcement
S.34; S.36
o Under the 1940 Act: an award was
Holding
The provisions of the Arbitration Act
will not prevail over those of the SICA.