1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.402 OF 2009 IN COMPANY PETITION NO.679 OF 2008 S.K.Gupta Pvt. Ltd. .... Appellant V/s. India Steels Works Ltd. ..... Respondent Smt.K.S.Shinde i/by H.H.Nagi, for the appellant. Mr.H.C.Khokhawala i/by R.K.Associate, for the respondent. CORAM :P.B.MAJMUDAR, & R.V.MORE, JJ. DATE : DECEMBER 01, 2009 P.C. 1. From the perusal of the impugned order, it is clear that the learned Single Judge has directed the respondent company to pay a sum of Rs.1,00,000/- on or before 31st March, 2009 and in such an eventuality, the petition to be treated as dismissed. 2. It is not in dispute that the respondent company has already offered Rs.1,00,000/- to the appellant/creditor, but they have refused to accept the same. There is a genuine dispute in respect of the five invoices. So far as the winding up of the company is concerned, it is not mandatory for this Court to pass such an order moment the claim is raised. In our view, this is not a case in which winding up petition is 2 required to be entertained, as cogent reasons have been given by the learned Single Judge. We do not find any justification for interfering with the order passed by the learned Single Judge, as the appellant can take appropriate recourse by filing appropriate civil suit for recovery of the amount and to get the claim adjudicated. 3. In view of what has been stated above, the appeal is dismissed. ( R.V.MORE, J. ) ( P.B.MAJMUDAR, J.)