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Case information
| Court | Supreme Court of Bangladesh — High Court Division |
|---|---|
| Case reference | Company Matter 1965/2025 |
| Case-reference year | 2025 |
| Case type | Company Matter |
| Court website upload date | 20-AUG-26 |
The case-reference year is not the judgment year. The court website upload date is not a judgment date.
Official index description
Source: Supreme Court official index.
The jurisdiction conferred upon the Company Court under section 43 of the Companies Act, 1994 is a special statutory jurisdiction vested exclusively in the Court by the Act. Such jurisdiction cannot be excluded, curtailed or suspended by an arbitration agreement contained in the Articles of Association or by the unilateral commencement of arbitral proceedings. Although section 227 recognises the right of the parties to refer an arbitrable dispute to arbitration, it is essentially an enabling provision and does not divest the Company Court of the statutory jurisdiction expressly conferred upon it under section 43. An arbitral tribunal derives its jurisdiction from the agreement of the parties, whereas the power to rectify the register of members is a statutory power conferred by the Companies Act and is exercisable by the Company Court.