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Supreme Court of India · 2005-03-17

MEDIQUP SYSTEMS PVT. LTD. vs PROXIMA MEDICAL SYSTEM GMBH

Citation / case number
SC 2003/22606
Court
Supreme Court of India
Petitioner
MEDIQUP SYSTEMS PVT. LTD.
Respondent
PROXIMA MEDICAL SYSTEM GMBH
Author
AR. LAKSHMANAN ASHOK BHAN
Bench
DR. AR. LAKSHMANAN ASHOK BHAN

Judgment text excerpt

The Supreme Court addressed the appeal against the Calcutta High Court's dismissal of a winding up petition under Section 434 of the Companies Act. The Court held that the appellant-Company's dispute over the liability to pay US $ 16,000 was valid, particularly regarding US $ 11,000, which should be repatriated to the remitter. The Court emphasized that the Company could raise all defenses in a subsequent suit, affirming the High Court's order to deposit the amount pending adjudication.

MEDIQUP SYSTEMS PVT. LTD. vs PROXIMA MEDICAL SYSTEM GMBH · Niyam