IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R.No.5357 of 2010 (O&M) Date of Decision : 25.8.2010 M/s Santabanta.com Limited ....Petitioner Versus M/s Essel Sports Private Limited ...Respondent CORAM : HON'BLE MR.JUSTICE MAHESH GROVER .... Present : Mr.D.S.Sobti, Advocate for the petitioner. ..... MAHESH GROVER, J. The petitioner is facing the proceedings under the provisions of the Companies Act, 1956 (hereinafter referred to as 'the Act') where winding up petition has been preferred. The plea herein is that the arbitration proceedings should be stayed in view of the provisions of Section 446 of the Act. I am afraid such proposition cannot be answered in favour of the petitioner. The Court is only concerned with the order which has been impugned and being a revisional court it does not find any infirmity in the impugned order for the simple reason that the arbitration proceedings are totally independent of the proceedings under the Act. Before the arbitrator the petitioner has a right to rebut the claim of the respondent and establish independently whether such is a bona fide claim or not. The respondent who has initiated the proceedings before the Company C.R.No.5357 of 2010 (O&M) -2- Court is merely required to prove that a debt existed whose admission is prima facie established before such a court and further the inability of the petitioner to satisfy such a debt. In view of the aforesaid, there is no legal infirmity committed by the arbitrator in the impugned order and consequently the revision petition being without any merit is dismissed. 25.8.2010 (MAHESH GROVER) JUDGE dss