https://www.taxtmi.com/caselaws?id=111632 A winding-up petition is not a substitute for ordinary civil adjudication where the alleged debt is genuinely disputed on substantial grounds. If the company does not admit liability and produces material showing a bona fide defence, the Company Court should not undertake a summary determination, especially where resolving the dispute would require detailed evidence. The existence of a counter-claim and contested questions of fact reinforced that the debt was not indisputable. In such circumstances, the creditor must pursue the claim in the appropriate forum, and winding-up proceedings are not maintainable where the defence is not shown to be sham, mala fide, or moonshine. en-us Fri, 28 Jul 2006 00:00:00 +0530 Tue, 24 Apr 2012 14:38:06 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=111632 A winding-up petition is not a substitute for ordinary civil adjudication where the alleged debt is genuinely disputed on substantial grounds. If the company does not admit liability and produces material showing a bona fide defence, the Company Court should not undertake a summary determination, especially where resolving the dispute would require detailed evidence. The existence of a counter-claim and contested questions of fact reinforced that the debt was not indisputable. In such circumstances, the creditor must pursue the claim in the appropriate forum, and winding-up proceedings are not maintainable where the defence is not shown to be sham, mala fide, or moonshine. Case-Laws Companies Law Fri, 28 Jul 2006 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=111632