1. Ghose, J. This appeal is directed against an order dated 7th September, 2009 passed by the Hon'ble First Court in a winding-up petition when His Lordship was pleased to finally stay the winding-up proceeding permanently and unconditionally. However, liberty was given to the petitioning creditor that the said order will in no way prevent him to initiate any other appropriate proceeding including a Civil Suit.

2. BEING aggrieved, this appeal has been filed from the said order dated 7th September, 2009 in Company Petition No. 334 of 2006.

The facts of the case briefly are as follows :-

The case of the petitioning creditor/appellant herein is that the petitioning creditor sold and delivered to the company a total quantity of 3683.640 Metric Ton (one rake of 58 boxes) of Grade E coal contained in 56 BOXN. The said goods were delivered at Rukni South Eastern Railway Siding. The value of the said coal is amounting to Rs. 87,30,227/- and further interest thereon at the agreed rate of 18% per annum. It is further stated that the company was interested to purchase the said coal and the offer letters of the petitioner were duly received and accepted by and on behalf of the company