Order

On a winding up petition having been filed by the respondent before the High Court, the petitioner herein moved an application under Section 8 of the Arbitration and Conciliation Act, 1996, inter alia, contending that the High Court should refer the matter to arbitration.

2. The Single Judge dismissed the application and the same was upheld by the Division Bench. While dismissing the appeal the High Court referred to similar cases relating to applications which have been filed under the provisions of the Indian Arbitra­tion Act, 1940 where the consistent view of the High Courts was that the question regarding the winding up of a company could not be referred to an arbitrator.

3. It is submitted by learned counsel for the petitioner that the language of Section 8 of the 1996 Act is different. Mr. Jaitley, submits that according to Section 8(1) the Judicial Authority is bound to refer that matter to the arbitration when an arbitration agreement exists between the parties.

Section 8 of the 1996 Act reads as under :

“Power to refer parties to arbitration where there is an arbitra­tion agree­ment-

(1) A judicial authority before which an action is brought in a matter which is the subj