1 SSK IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 198 OF 2010 IN COMPANY PETITION NO.582 OF 2009 M/s. Lucid Prints ....Appellants Versus M/s. R. R. Oomerbhoy Pvt. Ltd. ....Respondent Mr. B. B. Parekh with Mr. A.W.Ansari for the Appellants. Ms. Melinda Colaco i/b. Desai, Desai & Carimjee & Mulla, Advocate for the Respondent. CORAM : F. I. REBELLO & R. V. MORE, JJ. DATE : 10TH JUNE, 2010. P.C.: In a petition for winding up, a learned Single Judge after considering the rival contentions found that there were disputes as regards the quality of goods supplied and in these circumstances, it cannot be held that there is debt due and payable. The learned Judge also noted that part-payment had been effected. According to the Appellants, the claim was in the sum of Rs.3,59,023/- and an amount of Rs. 22,926/- was paid by the Company. The learned Judge considering the record, noted these facts and also the 2 fact that the entire quantity of material was available in the godown of the Company and in these circumstances, dismissed the company petition and kept it open to the Appellant herein to file a suit for the recovery of its dues. In our opinion, the learned Judge was right to have dismissed the company petition. Appeal is dismissed. (R. V. MORE, J.) (F. I. REBELLO, J.)