1985 (12) TMI 315

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..... learned company judge had dismissed the company petition on the ground that though at the time the company petition was moved, there was an existing debt, but by the time the matter came up before him, the said debt had become time-barred. The learned company judge apparently felt that the crucial date for determining the question of maintainability is not the stage when the application is filed, .....

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..... f the petition being maintainable, will depend on the facts of the case and this is a different matter and will naturally have to be considered separately in each case. There is no doubt that the court can refuse to grant relief if it feels that the application for winding up has been moved for extraneous reasons and for a collateral purpose. The appeal is allowed, as abovementioned, but we make .....

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