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    <title>1997 (11) TMI 424 - HIGH COURT OF ANDHRA PRADESH</title>
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    <description>Winding up cannot be maintained on an unascertained or disputed claim for interest, because the creditor must show a definite, ascertained and due debt before commercial insolvency can be inferred. The principal amount had been substantially admitted and paid during the proceedings, leaving only the interest claim, which was not supported by a written agreement and remained discretionary at most under civil recovery principles. That interest claim could not found a winding up order, and the company was not shown to be commercially insolvent.</description>
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    <pubDate>Tue, 25 Nov 1997 00:00:00 +0530</pubDate>
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      <title>1997 (11) TMI 424 - HIGH COURT OF ANDHRA PRADESH</title>
      <link>https://www.taxtmi.com/caselaws?id=103966</link>
      <description>Winding up cannot be maintained on an unascertained or disputed claim for interest, because the creditor must show a definite, ascertained and due debt before commercial insolvency can be inferred. The principal amount had been substantially admitted and paid during the proceedings, leaving only the interest claim, which was not supported by a written agreement and remained discretionary at most under civil recovery principles. That interest claim could not found a winding up order, and the company was not shown to be commercially insolvent.</description>
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      <pubDate>Tue, 25 Nov 1997 00:00:00 +0530</pubDate>
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