1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.137 OF 2010 IN COMPANY PETITION NO.550 OF 2009 ... Uttamchand Rajmal Jain ...Appellants v/s. Shree Tex Sarees (India) Pvt.Ltd. ...Respondents ... Mr.A.M.Sarogi for the Appellant. None for Respondents. ... CORAM: D.K.Deshmukh & Smt.R.P.SondurBaldota,JJ DATED: 14 th June, 2010 P.C.: 1. By this Appeal the Appellant challenges the order passed by the learned single Judge in Company Petition No.550 of 2 2009 dated 9 th December, 2009 dismissing the Company Petition filed by the Appellant seeking winding up of the Respondent-company for its inability to pay debts. The learned single Judge has found that it was the case of the Petitioner that the Respondent-company was supplied with the goods. Though the Respondent had received the goods, it failed to pay the price of the goods. The learned single Judge has observed that in the reply to the statutory notice it was stated by the Respondent-company that though the Petitioner is demanding payment against the Bills, there is no documents produced to show that the goods have been delivered. Same defence has been raised in the reply filed in the petition. Though, the learned Counsel appearing for the Appellant urged that he is having the delivery challan to prove the delivery of goods, what is pertinent is that 3 though the affidavit filed in August, 2009 and though the order impugned made in December, 2009, no rejoinder was filed and no copies of the delivery challans have been produced. In this situation, therefore, we do not find any reason to interfere with the order. Appeal is, therefore, rejected. (D.K.Deshmukh, J.) (R.P.SondurBaldota J.)