https://www.taxtmi.com/caselaws?id=214976 In winding up proceedings, the company court may go behind a compromise or consent decree to test whether the alleged debt is truly enforceable and whether a bona fide dispute exists. A decree does not conclusively establish liability for winding up purposes if the company raises a substantial and genuine defence. The statutory objection that recurring maintenance charges were contrary to the Delhi Apartment Ownership Act, 1986 was treated as a bona fide dispute, without any final ruling on the validity of the charges. Observations made in refusing winding up were held not to bind the civil court in pending suits, and the dismissal of the appeals was affirmed. en-us Tue, 09 Aug 2011 00:00:00 +0530 Fri, 08 Feb 2013 11:36:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=214976 In winding up proceedings, the company court may go behind a compromise or consent decree to test whether the alleged debt is truly enforceable and whether a bona fide dispute exists. A decree does not conclusively establish liability for winding up purposes if the company raises a substantial and genuine defence. The statutory objection that recurring maintenance charges were contrary to the Delhi Apartment Ownership Act, 1986 was treated as a bona fide dispute, without any final ruling on the validity of the charges. Observations made in refusing winding up were held not to bind the civil court in pending suits, and the dismissal of the appeals was affirmed. Case-Laws Companies Law Tue, 09 Aug 2011 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=214976