https://www.taxtmi.com/caselaws?id=257792 A winding up petition will not be entertained where the debt is founded on a corporate guarantee whose execution, authority of the signatory, or supporting resolutions are seriously and bona fide disputed. In such circumstances, the company court should not resolve contested questions of fact or title, because disputed issues requiring evidence must be tried in the proper forum, including pending arbitration or connected proceedings. The absence of a reply to a statutory notice, by itself, is insufficient to establish inability to pay debts or to treat the defence as a sham. The creditor may still pursue ordinary adjudication of the guarantee dispute before the appropriate forum. en-us Mon, 01 Sep 2014 00:00:00 +0530 Mon, 23 Mar 2015 09:39:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=257792 A winding up petition will not be entertained where the debt is founded on a corporate guarantee whose execution, authority of the signatory, or supporting resolutions are seriously and bona fide disputed. In such circumstances, the company court should not resolve contested questions of fact or title, because disputed issues requiring evidence must be tried in the proper forum, including pending arbitration or connected proceedings. The absence of a reply to a statutory notice, by itself, is insufficient to establish inability to pay debts or to treat the defence as a sham. The creditor may still pursue ordinary adjudication of the guarantee dispute before the appropriate forum. Case-Laws Companies Law Mon, 01 Sep 2014 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=257792