cp335-10 vai IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.335 OF 2010 M/s.Heranba Industries Limited ....Petitioner V/s. M/s.Rahul Oganic Limited ....Respondent Mr.O.S. Kutty for the Petitioner. Mr.A.K. Maheshwari for the Respondent. CORAM : S.J. VAZIFDAR, J. DATE : 27TH APRIL, 2011. P.C. :- 1. This is a petition for winding up of the company on the ground that the company is unable to pay its debts. 2. The amounts claimed are specifically against five invoices. Admittedly there were various transactions between the parties. It cannot be disputed that the payments have been made from time to time. The amounts shown against each of the invoices are not in fact the amounts due under the invoices. There is a discrepancy between the statutory notice and the petition. The statutory notice indicates that the amounts mentioned at least in respect of one of the invoices is due at the foot of the account in respect of the petitioner’s unit. 3. It is not possible in this petition to reconcile the on account payments even assuming that some amount is due to-date. 4. In the circumstances, the petition is dismissed. The dismissal of this petition shall not prevent the petitioner from filing a fresh petition or any other proceedings, after clarifying the position.