https://www.taxtmi.com/caselaws?id=114035 A foreign summary judgment is not enforceable in India as a judgment on the merits unless the foreign court actually adjudicated the claim on evidence and materials. A mere summary order, even with affidavits and pleadings on record, does not bind the Indian court for winding up purposes. Winding up is a discretionary remedy and not a substitute for debt recovery; it will not be granted where the debt is bona fide disputed, the defence is substantial, or commercial insolvency and loss of substratum are not established. The petitioner also failed to show sufficient facts for the just and equitable ground, so the winding up petition was rejected. en-us Tue, 16 Dec 2008 00:00:00 +0530 Fri, 21 Nov 2014 13:54:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=114035 A foreign summary judgment is not enforceable in India as a judgment on the merits unless the foreign court actually adjudicated the claim on evidence and materials. A mere summary order, even with affidavits and pleadings on record, does not bind the Indian court for winding up purposes. Winding up is a discretionary remedy and not a substitute for debt recovery; it will not be granted where the debt is bona fide disputed, the defence is substantial, or commercial insolvency and loss of substratum are not established. The petitioner also failed to show sufficient facts for the just and equitable ground, so the winding up petition was rejected. Case-Laws Companies Law Tue, 16 Dec 2008 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=114035