https://www.taxtmi.com/caselaws?id=380193 Winding up petitions may be admitted despite an arbitration clause where the relief sought is non arbitrable and the claimed debt is prima facie due; the court applied the principle that a creditor can obtain winding up if the debt is due and payable and the respondent's defence is not a bona fide substantial dispute. Facts showing part payments and contemporaneous admissions of liability defeated the contention of defective goods and no effective return was established, so the petition was held maintainable and a provisional liquidator was appointed subject to a short suspension to enable interim payment. en-us Mon, 22 Apr 2019 00:00:00 +0530 Thu, 16 May 2019 07:34:12 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=380193 Winding up petitions may be admitted despite an arbitration clause where the relief sought is non arbitrable and the claimed debt is prima facie due; the court applied the principle that a creditor can obtain winding up if the debt is due and payable and the respondent's defence is not a bona fide substantial dispute. Facts showing part payments and contemporaneous admissions of liability defeated the contention of defective goods and no effective return was established, so the petition was held maintainable and a provisional liquidator was appointed subject to a short suspension to enable interim payment. Case-Laws Companies Law Mon, 22 Apr 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=380193