Pinaki Chandra Ghose, J.

1. This appeal is directed against a Judgment and/or order dated 26th March, 2009 whereby the Hon'ble Single Judge was pleased to hold as follows:

Therefore, I find that the company is really unable to pay the dues as the cheques were dishonoured. There has been no payment admittedly thereof and as such criminal proceedings has been initiated. I hold that company is unable to pay the debts of the petitioning creditor to the extent of Rs. 43,09.848 being the amount covered by the said cheques. It is not possible for this court to adjudge pay ability of balance claim in the petition on account of interest without accurate accounting which is complex is nature. However, if the company pays this amount by eighteen equal monthly installments first of such installment shall be paid on or before 16th May 2009 and go on paying month by month on or before 16th of each succeeding month this petition will remain stayed permanently. In case of default in paying the first installment and the last installment or two intermediary installments the petition will stand admitted and in that case the petitioning-creditor shall make publication once in The Statesman an