https://www.taxtmi.com/caselaws?id=112408 A winding up petition is not maintainable where the alleged debt arises from a bona fide dispute and liability is unascertained. In a carrier-loss claim, liability under the Carriers Act depends on proof of loss or damage caused by negligence or criminal act, and although section 9 shifts the burden of proving negligence, the claim still requires evidence where negligence, loss and quantum are disputed. A surveyor's report or mere assertion of loss does not create an admitted debt. The claim must therefore be pursued in the civil forum rather than through winding up proceedings. en-us Wed, 14 Mar 2007 00:00:00 +0530 Sat, 28 Apr 2012 12:20:56 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=112408 A winding up petition is not maintainable where the alleged debt arises from a bona fide dispute and liability is unascertained. In a carrier-loss claim, liability under the Carriers Act depends on proof of loss or damage caused by negligence or criminal act, and although section 9 shifts the burden of proving negligence, the claim still requires evidence where negligence, loss and quantum are disputed. A surveyor's report or mere assertion of loss does not create an admitted debt. The claim must therefore be pursued in the civil forum rather than through winding up proceedings. Case-Laws Companies Law Wed, 14 Mar 2007 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=112408