1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. COMPANY PETITION NO.585 OF 2006 M/s. R.R. Sales Corporation. ...Petitioner. Vs. Managing Director, Haldyn Glass Ltd. ...Respondent. .... Mr.R. D. Gaonkar i/b. Mr.Vijay S. Gharat for the Petitioner. Mr.Subhash Singh i/b. G. Pillai for the Respondent. ..... CORAM : DR.D.Y.CHANDRACHUD, J. 16th March 2007. P.C.: The claim in paragraph 9 of the Company Petition is on account of delayed payment that was made towards goods sold, supplied and delivered.The total amount claimed by way of interest is Rs.2,19,883/-.The defence of the Company is that on 20th October 2004, a partner of the Petitioner had agreed to give a discount at the rate of 20% of the basic amount of Rs.3,63,446/- and and a credit note of Rs.72,689/- was issued in full and final settlement of all the dues. Accordingly, it has been stated that all the outstanding dues of Rs.3,49,325/- were paid by the Respondent to the Petitioner. A statement of account is annexed at Exh.5 to the Reply. 2 In these circumstances, it cannot be said that there is a debt due and payable. The Petitioner would be at liberty to institute a civil suit for the recovery of the alleged dues on account of interest. The petition is accordingly dismissed. ....