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COMP/170/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
COMPANY
PETITION No. 170 of 2010
=========================================================
OSWAL
MACHINERY LTD - Petitioner(s)
Versus
PIPAVAV
SHIPYARD LTD - Respondent(s)
=========================================================
Appearance
:
MR
ASHWIN L SHAH for
Petitioner(s) : 1,
None for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 09/12/2010
ORAL
ORDER
This
Court has noticed that on a date prior to the date of statutory
Notice i.e. by letter dated 4.5.2010 the opponent company had raised
certain issues which cast shadow of dispute on the bills in
question. Furthermore, in the letter of intent which constitute the
agreement between the parties (page 19 to 22) there is provision for
reference to arbitral tribunal in case of disputes.
Having
regard to the aforesaid aspects Mr. Shah learned advocate for the
petitioner has submitted that the Courts have taken a view that
provision for arbitration does not dis-entitle applicant company
from claiming winding up of the opponent company. He has submitted
that opponent company has lost its capacity to discharge its
financial obligation.
So
as to elaborate the aforesaid aspect, he has requested for time.
Hence, S.O. to 21.12.2010.
(K.M.THAKER,J.)
Suresh*
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