https://www.taxtmi.com/caselaws?id=113592 A winding up petition cannot be founded on a disputed and unliquidated contractual claim. A claim arising from resale of goods after alleged failure to take delivery was treated as damages, not a definite debt due, because liability and quantum remained open to dispute and had not been adjudicated. The absence of response to a statutory notice did not convert the claim into an admitted debt. The resale-based demand was also weakened by inconsistencies in the claimant's calculation, the need to prove the best obtainable resale price, and the conditions governing resale and notice under sale of goods law. The monetary claim was therefore left to ordinary civil proceedings. en-us Tue, 22 Dec 2009 00:00:00 +0530 Mon, 20 Oct 2014 11:40:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=113592 A winding up petition cannot be founded on a disputed and unliquidated contractual claim. A claim arising from resale of goods after alleged failure to take delivery was treated as damages, not a definite debt due, because liability and quantum remained open to dispute and had not been adjudicated. The absence of response to a statutory notice did not convert the claim into an admitted debt. The resale-based demand was also weakened by inconsistencies in the claimant's calculation, the need to prove the best obtainable resale price, and the conditions governing resale and notice under sale of goods law. The monetary claim was therefore left to ordinary civil proceedings. Case-Laws Companies Law Tue, 22 Dec 2009 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=113592