https://www.taxtmi.com/caselaws?id=363923 A winding-up petition is not maintainable where the alleged debt is bona fide and substantially disputed. The Court held that an acknowledgment stating the admitted amount would be adjusted against future purchases was not an unconditional promise to refund money, and no contractual term required the respondent to take back unsold goods and return the consideration. It further noted that, under Section 19 of the Sale of Goods Act, title passes when the parties intend it to pass, and there was nothing to show title had not passed to the petitioner. The company court will not decide contested facts or enforce a claim better suited to civil proceedings. en-us Fri, 06 Jul 2018 00:00:00 +0530 Fri, 20 Jul 2018 05:46:03 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=363923 A winding-up petition is not maintainable where the alleged debt is bona fide and substantially disputed. The Court held that an acknowledgment stating the admitted amount would be adjusted against future purchases was not an unconditional promise to refund money, and no contractual term required the respondent to take back unsold goods and return the consideration. It further noted that, under Section 19 of the Sale of Goods Act, title passes when the parties intend it to pass, and there was nothing to show title had not passed to the petitioner. The company court will not decide contested facts or enforce a claim better suited to civil proceedings. Case-Laws Companies Law Fri, 06 Jul 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=363923