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    <title>2012 (6) TMI 175 - HIGH COURT OF CALCUTTA</title>
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    <description>A winding up petition based on an alleged rent liability was treated as unsuitable where the petitioner&#039;s title and right to recover rent were seriously disputed. The Court noted that the lease and sub-lease had long expired, so the petitioner lacked present legal title to create a tenancy or claim rent on that basis. Applying the settled rule that winding up cannot be used to enforce a debt that is bona fide disputed on substantial grounds, the Court found the rival claims over possession, rent and mesne profits, together with pending civil suits, required adjudication in ordinary civil proceedings. The petition was therefore not maintainable in company jurisdiction.</description>
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    <pubDate>Thu, 21 Jul 2011 00:00:00 +0530</pubDate>
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      <title>2012 (6) TMI 175 - HIGH COURT OF CALCUTTA</title>
      <link>https://www.taxtmi.com/caselaws?id=213855</link>
      <description>A winding up petition based on an alleged rent liability was treated as unsuitable where the petitioner&#039;s title and right to recover rent were seriously disputed. The Court noted that the lease and sub-lease had long expired, so the petitioner lacked present legal title to create a tenancy or claim rent on that basis. Applying the settled rule that winding up cannot be used to enforce a debt that is bona fide disputed on substantial grounds, the Court found the rival claims over possession, rent and mesne profits, together with pending civil suits, required adjudication in ordinary civil proceedings. The petition was therefore not maintainable in company jurisdiction.</description>
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      <pubDate>Thu, 21 Jul 2011 00:00:00 +0530</pubDate>
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