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1 - 7 of 7 (0.28 seconds)Article 70 in Constitution of India [Constitution]
Amalgamated Commercial Traders (P.) ... vs A.C.K. Krishnaswami And Anr. on 8 January, 1965
7. It is 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 the company. A petition filed ostensibly for a winding up order but really to exercise pressure will be dismissed and under circumstances may be stigmatised as a scandalous abuse of the process of the court. (See Amalgamated Commercial Traders (P.) Ltd. v. A. C. K. Krishnaswami [19651 35 Comp Cas 456 (SC).
Section 434 in The Companies Act, 1956 [Entire Act]
Section 439 in The Companies Act, 1956 [Entire Act]
The Limitation Act, 1963
Srinivasa (T.) vs Flemming (India) Apotheke P. Ltd. on 24 July, 1987
8. The High Court of Karnataka in T. Srinivasa v. Flemming (India) Apotheke (P.) Ltd. 11990] 68 Comp Cas 506, has held that it is not for the court hearing a petition for winding up under Section 433 of the Companies Act, 1956, to assess evidence and refuse a decree or to draw up a decree in favour of the petitioner and then to proceed to wind up the company. In the summary procedure which the company court must follow, if the court is satisfied, prima facie, that the defence raised in the circumstances of the case is bona fide and is likely to succeed in a civil court, that would constitute sufficient reasons for the court to reject the petition, relegating the parties to the civil court.
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