https://www.taxtmi.com/caselaws?id=105858 A creditor's winding up petition under the Companies Act, 1956 must prima facie disclose a debt, non-payment and a creditor-debtor relationship; if the pleadings and documents do not show liability and the company raises a bona fide dispute, the petition may be refused at the threshold without requiring the company to answer it. Rule 96 of the Companies (Court) Rules, 1959 is enabling rather than mandatory and does not require notice in every winding up petition. Where no prima facie ground for admission is shown, the court may decline admission and dismiss the petition without issuing notice. en-us Tue, 09 Jan 2001 00:00:00 +0530 Sat, 10 Mar 2012 12:22:14 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=105858 A creditor's winding up petition under the Companies Act, 1956 must prima facie disclose a debt, non-payment and a creditor-debtor relationship; if the pleadings and documents do not show liability and the company raises a bona fide dispute, the petition may be refused at the threshold without requiring the company to answer it. Rule 96 of the Companies (Court) Rules, 1959 is enabling rather than mandatory and does not require notice in every winding up petition. Where no prima facie ground for admission is shown, the court may decline admission and dismiss the petition without issuing notice. Case-Laws Companies Law Tue, 09 Jan 2001 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=105858