||All England Reporter
|| All ER (D) 08 (Nov)
||1 November 2007
Company - Compulsory winding up - Petition - Restraining presentation of petition - Respondent company issuing statutory demand in respect of amounts said to be due under construction contract - Applicant company disputing whether amounts claimed due and raising substantial counterclaim - Applicant seeking to restrain presentation of winding up petition - Whether presentation of petition an abuse of process.
In the instant case, where the respondent had issued a statutory demand in relation to sums it claimed were due under a construction contract entered into with the applicant company and where the applicant disputed the alleged debt and raised a bona fides and substantial counterclaim, the court made an order restraining the respondent from presenting a winding up petition on the alleged debts.
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