Genuine dispute over bills of exchange bars winding up proceedings and leaves the creditor to a civil suit.

A winding up petition cannot be used to enforce a genuinely disputed claim on bills of exchange. The SC accepted that the respondent had raised a contentious issue on liability requiring adjudication in a properly constituted suit, so the dispute was not fit for summary determination in winding up proceedings. The petition was therefore not maintainable on the disputed claim, and the petitioner was left to pursue a civil suit or other remedy available in law.

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Issues: Whether the winding up petition based on the disputed bills of exchange could be entertained when the respondent asserted a genuine dispute requiring adjudication in a suit.

Analysis: The Court accepted the view that the respondent's objection raised a contentious issue concerning liability on the bills of exchange. On the facts, the dispute was not one fit for summary determination in winding up proceedings and required resolution in a properly constituted suit.

Conclusion: The winding up petition was not maintainable on the disputed claim, and the petitioner was relegated to a civil suit or other remedy available in law.

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