https://www.taxtmi.com/caselaws?id=106489 A winding-up petition may be admitted where the debt is admitted or otherwise clearly proved and the company fails to raise a genuine, substantial dispute. The Court found the defence to be sham because the liability was supported by an express admission and documentary material, including forwarding of C Forms, while the alleged defects in goods were not shown to negate the outstanding claim. It also applied the Sale of Goods Act, 1930, holding that delivery and payment are concurrent conditions and that acceptance of the goods, on the facts found, defeated the withholding defence. The petition was admitted and the company was directed to deposit the claimed amount. en-us Mon, 02 Sep 2002 00:00:00 +0530 Wed, 14 Mar 2012 14:12:23 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=106489 A winding-up petition may be admitted where the debt is admitted or otherwise clearly proved and the company fails to raise a genuine, substantial dispute. The Court found the defence to be sham because the liability was supported by an express admission and documentary material, including forwarding of C Forms, while the alleged defects in goods were not shown to negate the outstanding claim. It also applied the Sale of Goods Act, 1930, holding that delivery and payment are concurrent conditions and that acceptance of the goods, on the facts found, defeated the withholding defence. The petition was admitted and the company was directed to deposit the claimed amount. Case-Laws Companies Law Mon, 02 Sep 2002 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=106489