https://www.taxtmi.com/caselaws?id=111437 In a winding up petition for inability to pay debts, a company is not treated as unable to pay where it raises a bona fide and arguable defence to disputed claims. Objections relating to maintenance charges, municipal tax and commercial surcharge under the West Bengal Premises Tenancy Act, 1977 were treated as raising interpretative and factual questions, so those claims were left open for adjudication elsewhere. The petition could still proceed on the basis of admitted rent arrears, because admitted dues remained payable despite deposits with the Rent Controller. The winding up petition was therefore confined to the admitted debt, subject to payment within the time allowed to avoid advertisement. en-us Wed, 20 Dec 2006 00:00:00 +0530 Mon, 23 Apr 2012 15:15:23 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=111437 In a winding up petition for inability to pay debts, a company is not treated as unable to pay where it raises a bona fide and arguable defence to disputed claims. Objections relating to maintenance charges, municipal tax and commercial surcharge under the West Bengal Premises Tenancy Act, 1977 were treated as raising interpretative and factual questions, so those claims were left open for adjudication elsewhere. The petition could still proceed on the basis of admitted rent arrears, because admitted dues remained payable despite deposits with the Rent Controller. The winding up petition was therefore confined to the admitted debt, subject to payment within the time allowed to avoid advertisement. Case-Laws Companies Law Wed, 20 Dec 2006 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=111437