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Judgment

In the Matter of BPGIC Holdings Limited - Ruling on Preliminary Issue

FSD 0248 OF 2023 (MRHCJ) · 2023-Nov-20

Companies - compulsory winding up - grounds for winding up - inability to pay debts - debt disputed - agreement to refer dispute to foreign arbitration - court to determine whether debt bona fide disputed on substantial grounds before dismissing petition in favour of arbitration - public policy in the legislative context of section 4 of the Foreign Arbitral Awards Enforcement Act

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