https://www.taxtmi.com/caselaws?id=104061 Rule 101 of the Companies (Court) Rules, 1959 gives the Company Court a wide discretion to substitute a creditor or contributory as petitioner in a winding up petition if the applicant appears, on a prima facie basis, to have locus to present such a petition. The court need not finally resolve disputed claims at the substitution stage; that issue may be examined later. Rules 102 to 104 preserve the opposing party's right to contest the amended petition, including by affidavit in opposition. On the stated facts, the applicant was treated as a creditor for substitution purposes and the challenge to substitution failed. en-us Mon, 04 Jan 1999 00:00:00 +0530 Mon, 27 Feb 2012 15:00:35 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=104061 Rule 101 of the Companies (Court) Rules, 1959 gives the Company Court a wide discretion to substitute a creditor or contributory as petitioner in a winding up petition if the applicant appears, on a prima facie basis, to have locus to present such a petition. The court need not finally resolve disputed claims at the substitution stage; that issue may be examined later. Rules 102 to 104 preserve the opposing party's right to contest the amended petition, including by affidavit in opposition. On the stated facts, the applicant was treated as a creditor for substitution purposes and the challenge to substitution failed. Case-Laws Companies Law Mon, 04 Jan 1999 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=104061