https://www.taxtmi.com/caselaws?id=112387 A winding-up petition based on a foreign judgment was treated as maintainable because execution under Order 21 of the Code of Civil Procedure, 1908, and winding-up for inability to pay debts under the Companies Act, 1956, operate in different fields. The availability of an execution remedy did not bar the company court from examining a petition founded on an alleged debt arising from a foreign adjudication. At the notice stage, issues that could prejudice final adjudication on the merits of the defence were not decided. The challenge to maintainability therefore failed. en-us Wed, 23 Aug 2006 00:00:00 +0530 Fri, 27 Apr 2012 18:51:20 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=112387 A winding-up petition based on a foreign judgment was treated as maintainable because execution under Order 21 of the Code of Civil Procedure, 1908, and winding-up for inability to pay debts under the Companies Act, 1956, operate in different fields. The availability of an execution remedy did not bar the company court from examining a petition founded on an alleged debt arising from a foreign adjudication. At the notice stage, issues that could prejudice final adjudication on the merits of the defence were not decided. The challenge to maintainability therefore failed. Case-Laws Companies Law Wed, 23 Aug 2006 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=112387