-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.988 OF 2007 In the matter of US PHARMA (INDIA) PRIVATE LIMITED Sunrise Containers Limited : Petitioner ... Mrs.Geeta Jain with Mr.A.A.Jain for the petitioner. Mr.K.K.Malpathak with Mr.Manoj Bhatt for the respondent. ... CORAM : S.A.BOBDE, J. DATE : AUGUST 21, 2008. P.C. 1. This is a petition for winding up of the respondent-company. 2. The petitioner claims an amount of Rs.8,44,451/- with interest at the rate of 24% per annum on the principal amount of each invoice from the date of the respective invoices till the date of actual payment on account of the goods sold and supplied. The goods in question are 6.5" Cylinder Natural Jars and Caps for food packaging. 3. There is no dispute about the delivery of the goods. The learned counsel for the company submits that there is -: 2 :- a dispute between the parties about the quality of the goods which are meant for food packaging. This was pointed out by the company in their reply dated 23.8.2007. In the reply there is a categorical statement that due to the reasons stated therein, there is a failure of the quality of the goods. Normally, such a reply by itself would not be sufficient to infer the existence of a bona fide dispute. But it seems that a complaint made by the company before the Consumer Forum is pending decision and in that complaint, the petitioner has made a counter claim. 4. Even before the reply to the statutory notice, the company had written a letter dated 15.3.2007 in response to a reminder sent by the petitioner. In that letter, the company had requested the petitioner to take back the cartons supplied by them and that on hearing from the company, they would dispatch the carton at their own expense. In response to that letter, the petitioner wrote a letter dated 21.3.2007 asking the company to let them know the exact quantity that would be returned to the petitioner. This correspondence suggests the existence of a bona fide dispute. 5. Accordingly, there is no merit in the petition which is hereby dismissed. -: 3 :- S.A. BOBDE, J.