https://www.taxtmi.com/caselaws?id=260406 A company that has already contested a creditor's winding up claim at the pre-admission stage cannot reopen the same merits at the post-admission or post-advertisement stage unless the earlier adjudication is set aside. The High Court treated the pre-admission hearing, where objections were considered and rejected, as conclusive inter se the parties after the recall application and appeal also failed. A later defence that was inconsistent with earlier stands was not treated as a bona fide dispute capable of defeating the winding up proceeding. The principle applied is that only a genuine and subsisting dispute can resist winding up, not a re-agitation of issues already finally decided. en-us Thu, 23 Apr 2015 00:00:00 +0530 Thu, 11 Jun 2015 06:22:29 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=260406 A company that has already contested a creditor's winding up claim at the pre-admission stage cannot reopen the same merits at the post-admission or post-advertisement stage unless the earlier adjudication is set aside. The High Court treated the pre-admission hearing, where objections were considered and rejected, as conclusive inter se the parties after the recall application and appeal also failed. A later defence that was inconsistent with earlier stands was not treated as a bona fide dispute capable of defeating the winding up proceeding. The principle applied is that only a genuine and subsisting dispute can resist winding up, not a re-agitation of issues already finally decided. Case-Laws Companies Law Thu, 23 Apr 2015 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=260406