https://www.taxtmi.com/caselaws?id=237142 A winding-up petition is not maintainable where the alleged debt is genuinely and substantially disputed on material questions of fact and law. The court found that the existence and scope of the construction agreements, the basis of the claimed amount, the effect of arbitration proceedings, and the alleged construction defects all required detailed examination beyond company jurisdiction. Because the defence was not mere moonshine, the Company Court had to decline winding-up relief and leave the creditor to pursue the claim in the appropriate forum. The petition was rejected as unfit for admission. en-us Fri, 13 Sep 2013 00:00:00 +0530 Thu, 19 Sep 2013 11:51:21 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=237142 A winding-up petition is not maintainable where the alleged debt is genuinely and substantially disputed on material questions of fact and law. The court found that the existence and scope of the construction agreements, the basis of the claimed amount, the effect of arbitration proceedings, and the alleged construction defects all required detailed examination beyond company jurisdiction. Because the defence was not mere moonshine, the Company Court had to decline winding-up relief and leave the creditor to pursue the claim in the appropriate forum. The petition was rejected as unfit for admission. Case-Laws Companies Law Fri, 13 Sep 2013 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=237142