Supreme Court of India
M/s. Iba Health (i) P. Ltd. v. M/s Info-drive Systems Sdn. Bhd.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
2 Supreme Court benches have cited this judgment.
From the headnote
Companies Act, 1956: ss. 433, 434 - Winding up petition by the creditor - Maintainability of - Held: Not maintainable when there is substantial dispute as to liability - If the debt is bona fide disputed, there cannot be "neglect to pay" within the meaning c · of s.433(1)(a) - "Bona fide dispute" implies the existence of o a substantial ground for the dispute raised - On fact, there was bona fide dispute as to liability - Company Court erred in ordering winding up of the company - The approach of Company Court was very casual as it did not make any endeavour to ascertain as to whether the
Where later benches applied it
- 2019 Swaraj Infrastructure Pvt. Ltd. v. Kotak Mahindra Bank Ltd.
- 2021 Shital Fibers Ltd. v. Indian Acrylics Limited
Of those, 1 relied on · 1 distinguished
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