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Pradeshiya Industrial & Investment ... vs North India Petrochemicals Ltd on 9 February, 1994

12. The law is well-settled that under Section 433(1)(e) read with Section 434 of the Act a company can be ordered to be wound up if it is unable to pay the debt, and that if there is a bona fide dispute with regard to the debt claimed, the company cannot be ordered to be wound up. The solvency of the company is relevant for judging whether the denial of debt is bona fide or the same is a cloak or moonshine to evade payment (See M/s. Madhusudan Gordhandas & Co. v. Madhu Woollen Industries Pvt. Ltd. , Amalgamated Commercial Traders (P) Ltd. V. A.C.K. Krishnaswami and another , Pradeshiya Industrial & Investment Corporation of U.P. v. North India Petrochemicals Ltd. , Mediquip Systems (P) Ltd. V. Proxima Medical System GmbH , Vijay Industries v. NATL Technologies Ltd. , IBA Health (India) Pvt. Ltd. V. Info-Drive Systems SDN.BHD , Krishna Kilaru and another v. Maytas Properties Ltd. and M/s. India Bulls Housing Finance Ltd. V. M/s. South Asian Agro Industries Ltd. ).
Supreme Court of India Cites 10 - Cited by 90 - S Mohan - Full Document

Mediquip Systems Pvt. Ltd vs Proxima Medical System Gmbh on 17 March, 2005

12. The law is well-settled that under Section 433(1)(e) read with Section 434 of the Act a company can be ordered to be wound up if it is unable to pay the debt, and that if there is a bona fide dispute with regard to the debt claimed, the company cannot be ordered to be wound up. The solvency of the company is relevant for judging whether the denial of debt is bona fide or the same is a cloak or moonshine to evade payment (See M/s. Madhusudan Gordhandas & Co. v. Madhu Woollen Industries Pvt. Ltd. , Amalgamated Commercial Traders (P) Ltd. V. A.C.K. Krishnaswami and another , Pradeshiya Industrial & Investment Corporation of U.P. v. North India Petrochemicals Ltd. , Mediquip Systems (P) Ltd. V. Proxima Medical System GmbH , Vijay Industries v. NATL Technologies Ltd. , IBA Health (India) Pvt. Ltd. V. Info-Drive Systems SDN.BHD , Krishna Kilaru and another v. Maytas Properties Ltd. and M/s. India Bulls Housing Finance Ltd. V. M/s. South Asian Agro Industries Ltd. ).
Supreme Court of India Cites 6 - Cited by 111 - A R Lakshmanan - Full Document

Madhusudan Gordhandas & Co vs Madhu Woollen Industries Pvt. Ltd on 29 October, 1971

12. The law is well-settled that under Section 433(1)(e) read with Section 434 of the Act a company can be ordered to be wound up if it is unable to pay the debt, and that if there is a bona fide dispute with regard to the debt claimed, the company cannot be ordered to be wound up. The solvency of the company is relevant for judging whether the denial of debt is bona fide or the same is a cloak or moonshine to evade payment (See M/s. Madhusudan Gordhandas & Co. v. Madhu Woollen Industries Pvt. Ltd. , Amalgamated Commercial Traders (P) Ltd. V. A.C.K. Krishnaswami and another , Pradeshiya Industrial & Investment Corporation of U.P. v. North India Petrochemicals Ltd. , Mediquip Systems (P) Ltd. V. Proxima Medical System GmbH , Vijay Industries v. NATL Technologies Ltd. , IBA Health (India) Pvt. Ltd. V. Info-Drive Systems SDN.BHD , Krishna Kilaru and another v. Maytas Properties Ltd. and M/s. India Bulls Housing Finance Ltd. V. M/s. South Asian Agro Industries Ltd. ).
Supreme Court of India Cites 5 - Cited by 366 - A N Ray - Full Document

M/S.Iba Health (India) Private Ltd vs M/S.Info Drive Systems Sdn Bhd on 21 October, 2009

12. The law is well-settled that under Section 433(1)(e) read with Section 434 of the Act a company can be ordered to be wound up if it is unable to pay the debt, and that if there is a bona fide dispute with regard to the debt claimed, the company cannot be ordered to be wound up. The solvency of the company is relevant for judging whether the denial of debt is bona fide or the same is a cloak or moonshine to evade payment (See M/s. Madhusudan Gordhandas & Co. v. Madhu Woollen Industries Pvt. Ltd. , Amalgamated Commercial Traders (P) Ltd. V. A.C.K. Krishnaswami and another , Pradeshiya Industrial & Investment Corporation of U.P. v. North India Petrochemicals Ltd. , Mediquip Systems (P) Ltd. V. Proxima Medical System GmbH , Vijay Industries v. NATL Technologies Ltd. , IBA Health (India) Pvt. Ltd. V. Info-Drive Systems SDN.BHD , Krishna Kilaru and another v. Maytas Properties Ltd. and M/s. India Bulls Housing Finance Ltd. V. M/s. South Asian Agro Industries Ltd. ).
Karnataka High Court Cites 2 - Cited by 139 - Full Document

M/S. Vijay Industries vs M/S. Natl Technologies Ltd on 17 December, 2008

12. The law is well-settled that under Section 433(1)(e) read with Section 434 of the Act a company can be ordered to be wound up if it is unable to pay the debt, and that if there is a bona fide dispute with regard to the debt claimed, the company cannot be ordered to be wound up. The solvency of the company is relevant for judging whether the denial of debt is bona fide or the same is a cloak or moonshine to evade payment (See M/s. Madhusudan Gordhandas & Co. v. Madhu Woollen Industries Pvt. Ltd. , Amalgamated Commercial Traders (P) Ltd. V. A.C.K. Krishnaswami and another , Pradeshiya Industrial & Investment Corporation of U.P. v. North India Petrochemicals Ltd. , Mediquip Systems (P) Ltd. V. Proxima Medical System GmbH , Vijay Industries v. NATL Technologies Ltd. , IBA Health (India) Pvt. Ltd. V. Info-Drive Systems SDN.BHD , Krishna Kilaru and another v. Maytas Properties Ltd. and M/s. India Bulls Housing Finance Ltd. V. M/s. South Asian Agro Industries Ltd. ).
Supreme Court of India Cites 39 - Cited by 68 - S B Sinha - Full Document

Amalgamated Commercial Traders (P.) ... vs A.C.K. Krishnaswami And Anr. on 8 January, 1965

12. The law is well-settled that under Section 433(1)(e) read with Section 434 of the Act a company can be ordered to be wound up if it is unable to pay the debt, and that if there is a bona fide dispute with regard to the debt claimed, the company cannot be ordered to be wound up. The solvency of the company is relevant for judging whether the denial of debt is bona fide or the same is a cloak or moonshine to evade payment (See M/s. Madhusudan Gordhandas & Co. v. Madhu Woollen Industries Pvt. Ltd. , Amalgamated Commercial Traders (P) Ltd. V. A.C.K. Krishnaswami and another , Pradeshiya Industrial & Investment Corporation of U.P. v. North India Petrochemicals Ltd. , Mediquip Systems (P) Ltd. V. Proxima Medical System GmbH , Vijay Industries v. NATL Technologies Ltd. , IBA Health (India) Pvt. Ltd. V. Info-Drive Systems SDN.BHD , Krishna Kilaru and another v. Maytas Properties Ltd. and M/s. India Bulls Housing Finance Ltd. V. M/s. South Asian Agro Industries Ltd. ).
Supreme Court of India Cites 9 - Cited by 209 - Full Document
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