MARUTI LIMITED Vs. B G SHIRKE AND COMPANY

JUDGEMENT

(1.) Maruti Limited (in liquidation through the Liquidator attached to this Court, has filed a petition (C.P. No. 60 of 1978) under Section 446(2) of the Indian Companies Act, 1956 (hereinafter referred to as Act) read with Rule 9 of the Companies (Court) Rules, 1959 for a claim of a sum of Rs. 6,000 against Mis. B.G. Shirke and Company (P) Ltd. and others.

(2.) Notice of the claim petition was given to the Respondents, who in obedience to the notice, put in appearance and filed C.A. No. 93 of 1979 under Section 34 of the Arbitration Act, 1940 to the effect that the proceedings instituted in C.P. No. 60 of 1978 be stayed and the Petitioner be directed to resort to the remedy of arbitration as agreed upon in the lease deed entered into between the parties. C.A. No. 93 of 1979 came up for hearing before me on November 15, 1979. Considering that the point involved in the application was of considerable importance, I decided to refer the matter for decision to a larger Bench and that is how we are seized of the matter.

(3.) The question that needs determination by us, may be stated thus: