IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.278 OF 2009 Pranav Agro Industries Ltd. ..Petitioner Vs. Anant Dudh Pvt Ltd. ..Respondents Mr. Pankaj Das i/b Mr. Rajesh Datar for the Petitioner None for the Respondent CORAM: DR. D.Y. CHANDRACHUD, J. DATE: 9th December , 2009 P.C. : 1. The Company Petition for winding up is founded on non payment of an amount of Rs.9,33,275/- towards the supply of cattle feed by the Petitioner to the Respondent, from May 2007. According to the Petitioner, the payments were received until October 2007, but thereafter, the outstandings have remained to be paid. 2. An Affidavit in reply have been filed. Before dealing with the Affidavit in reply, it would be necessary to note that by its letter dated 14th December 2007, addressed to the Respondent, the Petitioner had offered a pro-rata reduction in the price payable, Since, there was some deviation in the standard of the goods supplied. The Petitioner has also annexed to the Company Petition, the Respondent’s letter dated 8th January 2008, which records that there were complaints about the quality of goods supplied which have been brought to the attention of the Petitioner from time to time. That apart, the Respondent has annexed to its reply copies of its letters dated 13th September, 2007, 12th October 2007, 19th October 2007, 8th January 2008 and 3rd June 2008, specifically complaining about the quality of the cattle feed supplied and informing the Petitioner that the Respondent has suffered damages, as a result of poor quality . 3. In these circumstances, it is evident from the material on the record that, there is a bonafide dispute in regard to the quality of the goods supplied. Hence, it cannot be stated that there is a debt due and payable. The Company Petition is accordingly dismissed, leaving it open to the Petitioner to seek recourse to its ordinary remedies in a suit for recovery. (Dr. D.Y.Chandrachud, J)