https://www.taxtmi.com/caselaws?id=109312 An un-enforced foreign award cannot be treated as a presently due and payable debt for a winding up petition because enforceability under the arbitration statute is a precondition to binding force and execution. The award must first be taken through the statutory enforcement process, where objections can be raised and decided; until then, the company court cannot convert it into an immediately recoverable debt. Disputed issues about the existence and validity of the arbitration agreement, including waiver or acquiescence, require evidence and detailed adjudication and are not fit for summary company proceedings. Those matters must be left to the proper forum in enforcement proceedings. en-us Tue, 16 Dec 2003 00:00:00 +0530 Sat, 07 Apr 2012 17:59:49 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=109312 An un-enforced foreign award cannot be treated as a presently due and payable debt for a winding up petition because enforceability under the arbitration statute is a precondition to binding force and execution. The award must first be taken through the statutory enforcement process, where objections can be raised and decided; until then, the company court cannot convert it into an immediately recoverable debt. Disputed issues about the existence and validity of the arbitration agreement, including waiver or acquiescence, require evidence and detailed adjudication and are not fit for summary company proceedings. Those matters must be left to the proper forum in enforcement proceedings. Case-Laws Companies Law Tue, 16 Dec 2003 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=109312