https://www.taxtmi.com/caselaws?id=98501 A winding-up petition may be restrained where the petitioner is not shown to be a creditor or the alleged debt is disputed on substantial grounds, because creditor status is a condition precedent to presenting the petition and winding-up proceedings are not the proper forum for trying a disputed debt. Insolvency of the company does not cure the absence of creditor status or justify prosecuting a petition founded on an unproven claim. On the evidence, the threatened petitions were an abuse of process and injunctions were granted restraining them until trial or further order. en-us Wed, 15 Nov 1967 00:00:00 +0530 Fri, 20 Jan 2012 18:03:37 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=98501 A winding-up petition may be restrained where the petitioner is not shown to be a creditor or the alleged debt is disputed on substantial grounds, because creditor status is a condition precedent to presenting the petition and winding-up proceedings are not the proper forum for trying a disputed debt. Insolvency of the company does not cure the absence of creditor status or justify prosecuting a petition founded on an unproven claim. On the evidence, the threatened petitions were an abuse of process and injunctions were granted restraining them until trial or further order. Case-Laws Companies Law Wed, 15 Nov 1967 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=98501