Supreme Court · 2010 INSC 639 · Decided 23 September 2010
M/S. Iba Health (I) P. LTD. v. M/S Info-Drive Systems SDN. BHD.
- Court
- Supreme Court of India
- Citation
- 2010 INSC 639 · [2010] 12 S.C.R. 137
- Case number
- CIVIL APPEAL No. 8230/2010
- Decided
- 23 September 2010
- Bench
- S.H. KAPADIA, K.S. RADHAKRISHNAN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Companies Act Section 433, 434
Headnote
137 MIS. IBA HEALTH (I) P. LTD. v. M/S INFO-DRIVE SYSTEMS SON. BHD. (Civil Appeal No. 8230 of 2010) SEPTEMBER 23, 2010 [S.H. KAPADIA, CJI AND K. S. PANICKER RADHAKRISHNAN, J.] Companies Act, 1956: ss. 433, 434 - Winding up petition by the creditor - Maintainability of - Held: Not maintainable 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
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