I.P. Mukerji, J. - (1.) The petitioning creditor in a winding up application, appeals to this court against the judgment and order dated 15th September, 2015 passed by a learned single judge of this court permanently staying the winding up proceedings.
(2.) The question before this court is whether the appellant petitioning creditor ("the appellant") was able to make out a case for admission of the winding up application. They had to prove that there was a debt payable by the respondent company (the respondent) to them and that they were unable to discharge it.
(3.) The facts are these.;