https://www.taxtmi.com/caselaws?id=100166 A winding-up petition under section 433(e) and (f) of the Companies Act, 1956 is not maintainable where the company's liability is genuinely disputed. A contested balance for supplies, with only partial liability admitted, shows that the claim is a disputed commercial debt rather than an undisputed debt suitable for summary winding-up jurisdiction. The proper forum for resolving such a dispute is a civil court, because winding-up is intended to address inability to pay debts, not to determine the merits of a contested money claim. The petition was therefore rejected, with liberty to pursue the disputed debt before the civil court. en-us Fri, 01 Jan 1982 00:00:00 +0530 Tue, 31 Jan 2012 14:45:36 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=100166 A winding-up petition under section 433(e) and (f) of the Companies Act, 1956 is not maintainable where the company's liability is genuinely disputed. A contested balance for supplies, with only partial liability admitted, shows that the claim is a disputed commercial debt rather than an undisputed debt suitable for summary winding-up jurisdiction. The proper forum for resolving such a dispute is a civil court, because winding-up is intended to address inability to pay debts, not to determine the merits of a contested money claim. The petition was therefore rejected, with liberty to pursue the disputed debt before the civil court. Case-Laws Companies Law Fri, 01 Jan 1982 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=100166