Fetter on an executing court to not go behind decree is not placed on a Company Judge assessing a creditor’s winding-up petition founded on a decree

There is discretion available to the Company Judge in a creditor’s winding-up petition, both at the time of admission and at the post-advertisement stage; the Company Court may refuse to admit a winding-up petition founded on an ex parte decree if it finds the original claim or cause of action to be substantially mired in doubt. CASE LAWS DETAILS DECIDED BY: HIGH COURT OF CALCUTTA, IN THE CASE OF: Coal India Ltd. Vs. Nicco Corporation Ltd., APPEAL NO: C.P. No. 483 of 2009, DECIDED ON June 18, 2010 FACTS The petitioner has carried an ex parte decree of the City Civil Court and says that u...