https://www.taxtmi.com/caselaws?id=112618 A winding up petition cannot proceed where the debt is genuinely disputed and the respondent shows a bona fide, substantial counter-claim supported by prima facie material. In summary winding up jurisdiction, the Company Court may only assess whether the defence is in good faith and of substance; it cannot undertake detailed fact-finding, quantify disputed counter-claims, or finally adjudicate rival claims that require civil trial. An objection to the supporting affidavit, being a defect in form and not in substance, was treated as a curable irregularity. The winding up order was recalled and the parties were left to pursue ordinary civil remedies. en-us Fri, 31 Jul 2009 00:00:00 +0530 Tue, 04 Nov 2014 13:27:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=112618 A winding up petition cannot proceed where the debt is genuinely disputed and the respondent shows a bona fide, substantial counter-claim supported by prima facie material. In summary winding up jurisdiction, the Company Court may only assess whether the defence is in good faith and of substance; it cannot undertake detailed fact-finding, quantify disputed counter-claims, or finally adjudicate rival claims that require civil trial. An objection to the supporting affidavit, being a defect in form and not in substance, was treated as a curable irregularity. The winding up order was recalled and the parties were left to pursue ordinary civil remedies. Case-Laws Companies Law Fri, 31 Jul 2009 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=112618