:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO. 455 OF 2008 COMPANY PETITION NO. 455 OF 2008 COMPANY PETITION NO. 455 OF 2008 Chandrakant Parikh, Proprietor of M/s. Jayantilal & Brothers ..Petitioner versus M/s. Rana Sons Pvt. Ltd. ..Respondent Mr. Yogesh P. Gandhi for Petitioner. Mr. Swapnil Bangur i/b. Mr. G. S. Manasawala for Respondent. CORAM : S. A. BOBDE, J. CORAM : S. A. BOBDE, J. CORAM : S. A. BOBDE, J. DATE : 12TH SEPTEMBER, 2008. DATE : 12TH SEPTEMBER, 2008. DATE : 12TH SEPTEMBER, 2008. P.C. P.C. P.C. . Heard. 2. This is a petition for winding up of the respondent company for unpaid price of goods delivered and supplied. The petitioner has claimed a sum of Rs.23,193/- for goods sold and delivered on 8.2.2003 under Bill No. 2654 dated 11.2.2003. 3. The respondent company does not dispute delivery of the goods. Its defence is that they :2: have no privity of contract with the petitioner. The goods were supplied by the petitioner at the instance of M/s. Engineered Polymer (India) Ltd. who had earlier supplied defective goods to the company and in order to cure the bad supply, they had asked the petitioner to supply the goods. Thus according to the respondent company the goods received by them from the petitioner are actually received from M/s. Engineered Polymer (India) Pvt. Ltd. and therefore there is no liability towards the petitioner. This argument would have been worthy of consideration except for the fact there is no evidence that M/s. Engineered Polymer (India) Pvt. Ltd. had supplied defective goods to the respondent company and that in order to supply the goods of a good quality, they instructed the petitioner to supply goods on their behalf. 4. The Company accepts and admits the delivery of goods. It denies everything else, the order, the contract etc. This is obviously not acceptable. In the circumstances Petition stands admitted. The petitioner shall advertise the petition in two local newspapers, viz., "Free Press Journal", "Maharashtra Times" and in the Maharashtra Government Gazette. The petitioner shall deposit an amount of :3: Rs.10,000/- with the Prothonotary and Senior Master towards the publication charges within four weeks from today with an intimation to the Company Registrar, failing which the petition shall stand dismissed for non-prosecution. (S. A. BOBDE, J.) (S. A. BOBDE, J.) (S. A. BOBDE, J.)