1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 590 OF 2009 IN COMPANY PETITION NO. 675 OF 2009 M/s. Jayant Furnishers Pvt. Ltd., .. Appellants. vs. M/s. Aromatan Cosmetics Pvt.Ltd., .. Respondents. Mr. Rakesh D. Dave for the appellants.. None for the Respondents. CORAM : J. N. PATEL, ACTING C.J. & B.R. GAVAI, JJ. DATE : 4TH JANUARY, 2010 P.C. : Heard. 2. This is an appeal preferred by the original petitioner - appellant company who filed a company petition for seeking winding up of the respondent company which was dismissed by the learned 2 Company Judge by his order dated 6.11.2009. 3. It is the case of the appellants that the amount of Rs. 33,12,933/- is due and payable by the respondent company which is not in dispute and, therefore, the learned Company Judge ought to have passed an order for winding up of the respondent company. 4. We have gone through the impugned order and find that there is a dispute between the parties in respect of the quality of goods and the learned Company Judge has rightly observed that merely because something is due and payable by the respondent, cannot be a ground for winding up of a company and that the dispute between the parties raises triable issues which cannot be tried in a company petition for winding up. We do not find that the learned Company Judge has committed any irregularity or illegality in dismissing the company petition. The appeal is, therefore, dismissed. ( J. N. PATEL, ACTING C. J.) ( B.R. GAVAI,, J.)