1. The Appellant/Respondent has preferred the instant Original Side Appeal as against the order dated 25.04.2014, in Company Petition No.52 of 2014, passed by the Learned Single Judge.

2. The Learned Single Judge, while passing the order, in Company Petition No.52 of 2014, filed by the Respondent/Petitioner, on 25.04.2014, in paragraph Nos.16 to 18, had observed the following:

“16.The plea of the learned counsel for the respondent is that the case of the petitioner involves interpretation of the NAAC and, therefore, there is a clear case of dispute. The interpretation as urged by the learned counsel for the respondent is as to whether the liability would stand as against VLMS or the respondent. Here is a clear case of goods sold and delivered and debt acknowledged prior to 15.3.13 by the respondent. The question is whether the respondent herein, viz., ETA, or the transferee VLMS is liable. The agreement of transfer slump sale by the respondent to VLMS does not in any way affect the rights of the petitioner, governed by the terms of NAAC. Clause (3) of the NAAC agreement very clearly provides that the parties agree that the respondent – ETA's obligation is not discharged