1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.302 OF 2001 M/s.Visen Industries Ltd. ....Petitioners V/s. Amit Weaving Mills Pvt. Ltd. ....Respondent None for the Petitioners. Mr.Sandeep Barve i/b Mr.B.K. Barve for the Respondent. CORAM : S.J. VAZIFDAR, J. DATE : 21ST JUNE, 2010. P.C. :- 1. The Petitioners and their advocate are absent though the matter was called out three times. 2. This is a Petition for winding up of the Respondent Company on the ground that the company is unable to pay its debts. According to the Petitioner, the company is indebted to it in the sum of Rs.7,19,916/- together with interest in respect of the goods sold and delivered by the Petitioner to the company. The goods were sold and delivered on the basis of the invoices referred to in the Petition. 3. The Company Petition was admitted by an order dated 1.8.2001. The company had remained absent. The company did not take any proceedings for setting aside the order. Instead, the company has filed an affidavit in reply. 4. In the affidavit in reply, the company has given the details of all 2 the payments made by it to the Petitioner in respect of all the transactions between the Petitioner and the Respondent. The company has admitted that it has not paid an amount of Rs,2,79,916/-. The defence is that the said goods were defective. In this regard, the company has relied upon the letters dated 20.6.1999 and 5.1.2000. The receipt of these letters is denied in the affidavit in re-joinder. The Petitioner is not present in Court. It is difficult in these circumstances to reject the defence, as not being bona- fide. 5. In the circumstances, the Company Petition is dismissed.