Judgment

Dr. AR. Lakshmanan, J.—Leave granted.

2. This appeal is directed against the ­order passed by the Division Bench of the High Court at Calcutta in appeal from an order passed under its original civil jurisdiction being APOT No. 786 of 2002. The Division Bench of the High Court at Calcutta dismissed the appeal of the appellant as well as the application for stay.

3. The short facts which are relevant for the purpose of disposal of this appeal are as follows :

The appellant-Company is engaged in business of import of medical equipment and service thereof in general and ULTRA-SOUND SCANNERS, in particular. The respondent-Proxima Medical System, GMBH, issued legal notice to the appellant-Company under Section 434 of the Companies Act mentioning that the appellant-Company is liable to pay the respondent a sum of US $ 5000 and US $ 11000 aggregating to US $ 16000. The appellant replied to the said notice and denied the liability to pay the amounts to the respondent. The respondent-Company filed a winding up petition being C.P.No. 316 of 2001 against the appellant-Company, inter alia, praying that the Company be wound up by the order of the Court and Official Liquidator of the Court b