https://www.taxtmi.com/caselaws?id=109475 Winding up petitions based on alleged inability to pay require a strong prima facie case; where the respondent raises bona fide disputed defences about existence, terms or performance of the contract and asserted adjustments, those disputes should be resolved by ordinary civil adjudication rather than in a company winding up. Winding up is an extraordinary, discretionary remedy and may be dismissed where alternative remedies for realisation of dues exist or where admission is unreasonable; on those grounds the petition was found not to disclose the requisite prima facie case and was dismissed. en-us Tue, 11 Nov 2003 00:00:00 +0530 Tue, 10 Apr 2012 13:36:13 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=109475 Winding up petitions based on alleged inability to pay require a strong prima facie case; where the respondent raises bona fide disputed defences about existence, terms or performance of the contract and asserted adjustments, those disputes should be resolved by ordinary civil adjudication rather than in a company winding up. Winding up is an extraordinary, discretionary remedy and may be dismissed where alternative remedies for realisation of dues exist or where admission is unreasonable; on those grounds the petition was found not to disclose the requisite prima facie case and was dismissed. Case-Laws Companies Law Tue, 11 Nov 2003 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=109475