<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2005 (10) TMI 286 - HIGH COURT OF ALLAHABAD</title>
    <link>https://www.taxtmi.com/caselaws?id=111028</link>
    <description>A winding-up petition may be advertised where a company, after statutory demand, withholds an admitted contractual debt without showing a genuine dispute or reasonable excuse. The court applied Sections 433 and 434 of the Companies Act, 1956 and held that a mere refusal to pay is insufficient; the defence must disclose a real and substantial dispute. On the correspondence and conduct, the delay in completion was attributable to the company, the deductions from bills were not supported by a bona fide basis, and no unresolved dispute or arbitration issue justified non-payment. The defence was treated as moonshine, and the petition was found fit for advertisement.</description>
    <language>en-us</language>
    <pubDate>Fri, 28 Oct 2005 00:00:00 +0530</pubDate>
    <lastBuildDate>Thu, 19 Apr 2012 18:04:57 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=148044" rel="self" type="application/rss+xml"/>
    <item>
      <title>2005 (10) TMI 286 - HIGH COURT OF ALLAHABAD</title>
      <link>https://www.taxtmi.com/caselaws?id=111028</link>
      <description>A winding-up petition may be advertised where a company, after statutory demand, withholds an admitted contractual debt without showing a genuine dispute or reasonable excuse. The court applied Sections 433 and 434 of the Companies Act, 1956 and held that a mere refusal to pay is insufficient; the defence must disclose a real and substantial dispute. On the correspondence and conduct, the delay in completion was attributable to the company, the deductions from bills were not supported by a bona fide basis, and no unresolved dispute or arbitration issue justified non-payment. The defence was treated as moonshine, and the petition was found fit for advertisement.</description>
      <category>Case-Laws</category>
      <law>Companies Law</law>
      <pubDate>Fri, 28 Oct 2005 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=111028</guid>
    </item>
  </channel>
</rss>