https://www.taxtmi.com/caselaws?id=112713 A foreign decree may support a winding up petition if it establishes a debt due, but the Company Court will not reopen jurisdictional or merits-based objections unless a defect appears on the face of the decree and goes to the root of the matter. The commentary also explains that section 434(1) of the Companies Act, 1956 operates in the alternative: prior execution of the decree is not an invariable precondition before inability to pay debts can be inferred, because unsatisfied execution is only one of the statutory routes. The discussion treats bona fide, substantial dispute as the key limit on winding up based on decree debt. en-us Wed, 19 Nov 2008 00:00:00 +0530 Mon, 24 Nov 2014 19:40:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=112713 A foreign decree may support a winding up petition if it establishes a debt due, but the Company Court will not reopen jurisdictional or merits-based objections unless a defect appears on the face of the decree and goes to the root of the matter. The commentary also explains that section 434(1) of the Companies Act, 1956 operates in the alternative: prior execution of the decree is not an invariable precondition before inability to pay debts can be inferred, because unsatisfied execution is only one of the statutory routes. The discussion treats bona fide, substantial dispute as the key limit on winding up based on decree debt. Case-Laws Companies Law Wed, 19 Nov 2008 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=112713