Dr. AR. LAKSHMANAN, J. - (1.) 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 be appointed as Liquidator of the Company to take charge of its assets. It was alleged therein that despite notice, the Company failed and/or neglected to refund US $ 5000 and US $ 11000 which was allegedly remitted by the respondent-Company as partial bid security in respect of two global tenders. The appellant filed affidavit in opposition to the winding up petition contending that the said amounts were not payable to the respondent-Company and the appellant disputed its liability. The following documents were relied in support of the aforesaid contentions : (i) Intimation note issued by Vijaya Bank being FTTI/NSC/73/99, dated 3-5-1999. (ii) Foreign Inward Remittance Certificate No. 0014709 dated 6-5-1999. (iii) Memorandum issued by Reserve Bank of India No. CA EC 357/09 46 0662/98-99 dated 30-6-1999. (iv) Document issued by Deutche Bank showing the name of remitter as PAMEDA ;