https://www.taxtmi.com/caselaws?id=101318 A winding up petition that was validly maintainable when filed does not become incompetent merely because the underlying debt later becomes time-barred before the order is made. The Court accepted that maintainability is assessed by reference to the position at presentation, not the later date of decision, and found no provision in the Companies Act requiring a different result. It also noted that relief remains a separate, fact-sensitive question and may be refused where the petition is brought for extraneous or collateral purposes. en-us Mon, 02 Dec 1985 00:00:00 +0530 Thu, 09 Feb 2012 13:27:11 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=101318 A winding up petition that was validly maintainable when filed does not become incompetent merely because the underlying debt later becomes time-barred before the order is made. The Court accepted that maintainability is assessed by reference to the position at presentation, not the later date of decision, and found no provision in the Companies Act requiring a different result. It also noted that relief remains a separate, fact-sensitive question and may be refused where the petition is brought for extraneous or collateral purposes. Case-Laws Companies Law Mon, 02 Dec 1985 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=101318