- (1.) 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 2008.
(3.) The facts of the case briefly are as follows:;