-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.465 OF 2008 In the matter of winding up of Pankaj Aluminium Industries Pvt. Ltd. Orissa Bengal Carrier Pvt. Ltd. : Petitioner ... Mr.Leena R. Temkur for the petitioner. Mr.Raj Patel i/b. K.V.Aiyar & Associates for the respondent. ... CORAM : S.A. BOBDE, J. DATE : SEPTEMBER 25, 2008. P.C. 1. This is a petition for winding up of the respondent-company. The petitioner is a transporter and they have made a claim for recovery of Rs.4,59,281/- with interest for transportation charges. The learned counsel for the petitioner contended that the dispute raised by the petitioner in reply to the statutory notice is not bona fide and has been raised after about two years. However, the learned counsel for the respondent points out two debit notes dated 29.5.2006 and 9.4.2006 making a claim on account of deficiency in service and for wrongful diversion of goods. The claims are in the sum of -: 2 :- Rs.4,56,919/- and Rs.37,01,241/-, respectively. It appears from the contention of the parties that the respondent has a bona fide dispute. There are several reasons set forth by the respondent for making a claim which includes false billing, over-billing, withholding of of goods in transit, wrong bills and joining hands with another party to cause loss. The said claims are set out in detail in the reply to the statutory notice at exh.‘G’. 2. In this view of the matter, it appears that there is a bona fide dispute in relation to the claim and the petition for winding up is not the proper remedy. The Company Petition is dismissed. S.A. BOBDE, J.