https://www.taxtmi.com/caselaws?id=104380 A winding-up petition is not maintainable where the alleged debt is genuinely disputed and the company court would have to decide contested facts, such as whether a security deposit was validly forfeited. In such summary jurisdiction, a prima facie bona fide defence that may succeed in a civil suit requires the parties to be left to ordinary civil proceedings. The petition also appeared barred by limitation because it was filed more than six years after the alleged refusal to refund the security amount, so the claim was not a legally recoverable debt for winding-up purposes. en-us Mon, 12 Oct 1998 00:00:00 +0530 Tue, 28 Feb 2012 18:24:06 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=104380 A winding-up petition is not maintainable where the alleged debt is genuinely disputed and the company court would have to decide contested facts, such as whether a security deposit was validly forfeited. In such summary jurisdiction, a prima facie bona fide defence that may succeed in a civil suit requires the parties to be left to ordinary civil proceedings. The petition also appeared barred by limitation because it was filed more than six years after the alleged refusal to refund the security amount, so the claim was not a legally recoverable debt for winding-up purposes. Case-Laws Companies Law Mon, 12 Oct 1998 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=104380