https://www.taxtmi.com/caselaws?id=274120 A winding up petition cannot be used to enforce a debt that is already time-barred or genuinely disputed. The contractual payment fell due in July 1997, but the petition was filed in March 2001, beyond the three-year limitation period applicable to a claim for breach of a promise to perform at a specified time, so the claim was barred. The materials also showed a real dispute over whether the creditor had satisfactorily performed its obligations, making liability and entitlement unsuitable for summary determination in winding up proceedings. For both reasons, the debt claim could not support the petition. en-us Thu, 22 Nov 2007 00:00:00 +0530 Mon, 30 Jul 2018 11:31:36 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=274120 A winding up petition cannot be used to enforce a debt that is already time-barred or genuinely disputed. The contractual payment fell due in July 1997, but the petition was filed in March 2001, beyond the three-year limitation period applicable to a claim for breach of a promise to perform at a specified time, so the claim was barred. The materials also showed a real dispute over whether the creditor had satisfactorily performed its obligations, making liability and entitlement unsuitable for summary determination in winding up proceedings. For both reasons, the debt claim could not support the petition. Case-Laws Companies Law Thu, 22 Nov 2007 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=274120