JUDGMENT :

ASHUTOSH SHASTRI, J.

1. By way of this appeal under Section 483 of the Companies Act, 1956 a challenge is made to an order dated 06.01.2016 passed by the learned Company Judge in Company Petition No. 245 of 2014 whereby the main Company Petition was admitted with consequential direction.

2. The brief facts leading to the rise of present appeal are that original petitioner i.e. respondent company is incorporated under the provisions of the laws of Kenya and is carrying on the business of exporting grains to various countries, including India. The original respondent Company was incorporated on 18.12.2006, under the provisions of the Companies Act, 1956 (hereinafter referred to as “the Act”). It is the case of appellant that in the course of business of trading and exporting of foodgrains, the orders were placed by appellant company for supply of goods such as Moong, Cow-peas red, various types of beans and from time to time, the original petitioner company i.e. Kamili Packers Pvt. Ltd. exported and shipped the goods from Nairobi and delivered to the respondent Company i.e. present appellant. The appellant original respondent had assured the original petitioner company for pa