https://www.taxtmi.com/caselaws?id=200016 Where a company raises a bona fide, substantial dispute as to the maturity or payability of a creditor's claim under a scheme, the winding up court should not finally decide complex construction issues on the petition; instead it may examine whether the dispute is bona fide but ordinarily defer substantive construction to a regular suit. Proof of insolvency remains the basis for winding up, and if resolution of the construction question is determinative of insolvency the matter may be litigated in the appropriate Original Side suit. The appeal's further hearing is to be adjourned pending determination of that suit and the petition not finally disposed of now. en-us Mon, 11 Jan 1954 00:00:00 +0530 Sat, 17 Mar 2018 14:21:11 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=200016 Where a company raises a bona fide, substantial dispute as to the maturity or payability of a creditor's claim under a scheme, the winding up court should not finally decide complex construction issues on the petition; instead it may examine whether the dispute is bona fide but ordinarily defer substantive construction to a regular suit. Proof of insolvency remains the basis for winding up, and if resolution of the construction question is determinative of insolvency the matter may be litigated in the appropriate Original Side suit. The appeal's further hearing is to be adjourned pending determination of that suit and the petition not finally disposed of now. Case-Laws Companies Law Mon, 11 Jan 1954 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=200016