https://www.taxtmi.com/caselaws?id=343583 A winding-up petition is not maintainable where the alleged debt is genuinely and substantially disputed, because the Company Court cannot use its summary jurisdiction to decide contested issues of contract performance, breach, liability, deductions, or exact quantum due. Commercial solvency is only relevant as an aid to assess whether the non-payment reflects a bona fide dispute, not as a separate ground. The existence of an arbitration clause and pending arbitral proceedings supports relegating the parties to the proper forum, rather than permitting winding-up proceedings to operate as pressure tactics. The petition was therefore held not maintainable, with the dispute left for arbitration or civil proceedings. en-us Tue, 23 May 2017 00:00:00 +0530 Mon, 29 May 2017 08:11:06 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=343583 A winding-up petition is not maintainable where the alleged debt is genuinely and substantially disputed, because the Company Court cannot use its summary jurisdiction to decide contested issues of contract performance, breach, liability, deductions, or exact quantum due. Commercial solvency is only relevant as an aid to assess whether the non-payment reflects a bona fide dispute, not as a separate ground. The existence of an arbitration clause and pending arbitral proceedings supports relegating the parties to the proper forum, rather than permitting winding-up proceedings to operate as pressure tactics. The petition was therefore held not maintainable, with the dispute left for arbitration or civil proceedings. Case-Laws Companies Law Tue, 23 May 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=343583