https://www.taxtmi.com/caselaws?id=103147 A winding up petition cannot be used as a recovery tool where the alleged debt is genuinely disputed and the debtor raises a bona fide limitation defence. The Court noted that a summary winding up jurisdiction is not intended to decide a contested civil money claim, and the petitioner must show a clear debtor-creditor relationship and an undisputed admitted debt. Because the respondent's denial of liability appeared prima facie tenable and limitation involved mixed questions of law and fact, the petition was not maintainable and was liable to be dismissed. en-us Thu, 02 Apr 1992 00:00:00 +0530 Tue, 21 Feb 2012 10:37:32 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=103147 A winding up petition cannot be used as a recovery tool where the alleged debt is genuinely disputed and the debtor raises a bona fide limitation defence. The Court noted that a summary winding up jurisdiction is not intended to decide a contested civil money claim, and the petitioner must show a clear debtor-creditor relationship and an undisputed admitted debt. Because the respondent's denial of liability appeared prima facie tenable and limitation involved mixed questions of law and fact, the petition was not maintainable and was liable to be dismissed. Case-Laws Companies Law Thu, 02 Apr 1992 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=103147