https://www.taxtmi.com/caselaws?id=459952 A winding up petition under the Companies Act, 1956 is not maintainable where the alleged debt is bona fide disputed and the dispute turns on factual questions requiring evidence, such as the effect of the agreement, claimed extra expenses, recoverability, and deductions. The company court cannot conduct a summary trial to resolve such controversies in winding up jurisdiction. An application under Section 8 of the Arbitration and Conciliation Act, 1996 was also held misconceived in this setting, because the question whether the company should be wound up falls within the company court's special jurisdiction and is not an arbitrable dispute in that proceeding. en-us Mon, 17 Jan 2011 00:00:00 +0530 Mon, 06 Jan 2025 15:19:08 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=459952 A winding up petition under the Companies Act, 1956 is not maintainable where the alleged debt is bona fide disputed and the dispute turns on factual questions requiring evidence, such as the effect of the agreement, claimed extra expenses, recoverability, and deductions. The company court cannot conduct a summary trial to resolve such controversies in winding up jurisdiction. An application under Section 8 of the Arbitration and Conciliation Act, 1996 was also held misconceived in this setting, because the question whether the company should be wound up falls within the company court's special jurisdiction and is not an arbitrable dispute in that proceeding. Case-Laws Indian Laws Mon, 17 Jan 2011 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=459952