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2012 (6) TMI 175 - HIGH COURT OF CALCUTTAWinding up – lease agreement - lessee had a right to sub-lease - petitioning creditor was of a lessee holding over under section 116 of the Transfer of Property Act - petitioning creditor was letting out a part of the properties to the respondent-company - respondent-company stopped paying rent after few months – Held that:- sub-lessee has long expired. Therefore, the position of the petitioning creditor from 1997 is very precarious. petitioning creditor did not have the title to enter into the agreement dated September 22, 2004, with the company. Winding up petition is not a legitimate means of seeking to enforce payment of a debt which is bona fide disputed by the company. Claim of the petitioning creditor is seriously disputed, cannot be entertained in this winding up application and is to be properly adjudged in an appropriate civil proceeding decided by trial on evidence. Winding up applications are dismissed
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