https://www.taxtmi.com/caselaws?id=103157 A winding-up court may scrutinise the true character of a debt and is not bound by a civil decree where serious questions arise about fraud, collusion, jurisdiction, or possible miscarriage of justice. It may go behind the decree and refuse to use it as the basis for winding up if the decree-holder lacks beneficial entitlement. A winding-up petition is maintainable only by a creditor entitled to the debt both at law and in equity; where the petitioners hold only formal decrees and the beneficial interest lies elsewhere, the petition is not maintainable. en-us Fri, 25 Sep 1992 00:00:00 +0530 Tue, 21 Feb 2012 11:32:15 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=103157 A winding-up court may scrutinise the true character of a debt and is not bound by a civil decree where serious questions arise about fraud, collusion, jurisdiction, or possible miscarriage of justice. It may go behind the decree and refuse to use it as the basis for winding up if the decree-holder lacks beneficial entitlement. A winding-up petition is maintainable only by a creditor entitled to the debt both at law and in equity; where the petitioners hold only formal decrees and the beneficial interest lies elsewhere, the petition is not maintainable. Case-Laws Companies Law Fri, 25 Sep 1992 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=103157