IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION No.809 of 2009 Lakhan Surajprakash Gurnanai ..Petitioner Vs. M/s. Shrivallabh Pittie Equity Ltd. ..Respondents Mr. Shashi K. Jain for the Petitioner Mr. Dinesh Dubey for the Respondents CORAM: DR.D.Y.CHANDRACHUD, J DATE : 9TH DECEMBER, 2009 P.C. 1. The case of the Petitioner is that the Respondent had availed of his service as a real estate broker, in connection with a transaction involving certain immoveable property belonging to the Company at Peddar Road. The claim of the Petitioner is in the amount of Rs.22,92,144/-. The Company has paid an amount of Rs.5,00,000/-. 2. On the basis of the material on the record, it is evident that there was no contract between the parties by which the amount of brokerage payable was stipulated. At the highest, the case of the Petitioner is based on a bill submitted by the Petitioner to the Company, followed by certain reminders. To these, there was no response. The Company has paid an amount of Rs.5 lacs to the Petitioners. However, that by itself is not sufficient to hold that there is a debt due and payable. Before the Court holds that there is a debt outstanding, the terms of agreement on which the claim is alleged to be based would have to be placed on the record. The Petitioner relies on an oral understanding. This is evidently a matter, where a trial of a Suit would have to take place, in which evidence would have to be recorded. There is a bonafide dispute. The Company Petition for winding up is not maintainable. The Company Petition is accordingly dismissed. (Dr. D.Y.Chandrachud, J)