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B. Viswanathan vs Seshasayee Paper And Boards Ltd. on 3 October, 1991 cites

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

20. It is also equally well-settled that a winding up petition is not a legitimate means of seeking to enforce payment of a debt which is bona fide disputed by a company. A petition presented ostensibly for a winding up order but really to exercise pressure will have to be dismissed. This principle has also been laid down in Amalgamated Commercial Traders P. Ltd. v. A. C. K. Krishnaswami [1965] 35 Comp Cas 456 (SC) as extracted above.
Supreme Court of India Cites 9 - Cited by 209 - Full Document

G. Loganayaki vs Moolangudi Chit Funds Private Ltd. on 2 February, 1978

In my opinion, the principles laid down in Kamadenu Enterprises' case [1984] 55 Comp Cas 68 (Kar) and in G. Loganayaki's case [1979] 49 Comp Cas 644 (Mad) squarely apply to the present case. From the evidence of PW-1 (the petitioner herein), as extracted above, it is seen that the petitioner has approached this court and filed the company petition only to get back his money.
Madras High Court Cites 4 - Cited by 9 - Full Document

Ofu Lynx Ltd. vs Simon Carves India Ltd. on 21 March, 1969

There is no dispute with regard to the proposition laid down by the Calcutta High Court. But, however, as rightly held by the Calcutta High Court, each case will have to be considered and determined by the court on the basis of the facts of each particular case and on the basis of the materials that may be available to the court at the time the court is called upon to decide the question. As already observed by me on the facts and circumstances of the present case, there is a bona fide dispute with regard to the debt which forms part of the subject-matter of the winding up proceedings. This court will not entertain any winding up petition on the basis of the said disputed debt and hence, the only option left to this court is to grant leave to the parties to resolve the disputes in appropriate proceedings in the appropriate forum.
Calcutta High Court Cites 12 - Cited by 22 - A N Sen - Full Document
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