https://www.taxtmi.com/caselaws?id=272907 A winding up petition under company law cannot be used to enforce payment where the creditor's claim is bona fide disputed; the appropriate principle applied is that substantive disputes on quantum or payability, including the necessity for adjustments or ascertainment, render winding up an inappropriate remedy and its presentation for pressure amounts to an abuse of process. The existence of an arbitration clause or alternative dispute-resolution forum is relevant and weighs against exercising winding up jurisdiction. Resultantly, the petition was dismissed on the ground that the debt was bona fide disputed and not fit for resolution by winding up. en-us Fri, 09 Sep 1977 00:00:00 +0530 Thu, 24 May 2018 14:19:54 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=272907 A winding up petition under company law cannot be used to enforce payment where the creditor's claim is bona fide disputed; the appropriate principle applied is that substantive disputes on quantum or payability, including the necessity for adjustments or ascertainment, render winding up an inappropriate remedy and its presentation for pressure amounts to an abuse of process. The existence of an arbitration clause or alternative dispute-resolution forum is relevant and weighs against exercising winding up jurisdiction. Resultantly, the petition was dismissed on the ground that the debt was bona fide disputed and not fit for resolution by winding up. Case-Laws Companies Law Fri, 09 Sep 1977 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=272907