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.