https://www.taxtmi.com/caselaws?id=108580 In winding-up proceedings, a statutory notice default does not by itself justify admission of the petition; the court must still examine whether the respondent has raised a bona fide dispute of substance. A credible and substantial defence will prevent winding-up from being used as a debt-recovery device, especially where surrounding correspondence, alleged over-billing, and related civil proceedings support the dispute. On the stated facts, the defence was treated as belated and inconsistent, while the debt claim was accepted on a preponderance of probability, leading to admission of the petition and a deposit direction to protect the disputed claim. en-us Wed, 13 Nov 2002 00:00:00 +0530 Mon, 02 Apr 2012 17:43:52 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=108580 In winding-up proceedings, a statutory notice default does not by itself justify admission of the petition; the court must still examine whether the respondent has raised a bona fide dispute of substance. A credible and substantial defence will prevent winding-up from being used as a debt-recovery device, especially where surrounding correspondence, alleged over-billing, and related civil proceedings support the dispute. On the stated facts, the defence was treated as belated and inconsistent, while the debt claim was accepted on a preponderance of probability, leading to admission of the petition and a deposit direction to protect the disputed claim. Case-Laws Companies Law Wed, 13 Nov 2002 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=108580