1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.807/2008 Ramesh Jamatraj Shah Petitioner Vs. M/s Hydro-Pneumatic Accessories(I)Pvt.Ltd. Respondent Mr.D.A.Barot for the Petitioner Mr.George M.Thomas for the respondent CORAM: S.J.VAZIFDAR,J. DATE : 29th January,2009. P.C. 1] The petitioner seeks an order winding up the Company on the ground that it is unable to pay its debts. 2] According to the Petitioner the Company is indebted to him in the sum of Rs.6,66,822/-in respect of the goods sold and delivered by him to the Company. The goods were sold and delivered under three bills bearing nos.124, 137 and 141. Inspite of the receipt of the goods the Company failed and neglected to pay the price of the said three bills. It is,however,contended that the Company denied the claim of the Petitioner on the ground that the goods were not supplied in time and some of the goods were of inferior quality. 3] In this regard a letter dated 7/7/2006 is referred to. Under cover of the said letter the Company returned some of the goods and 2 called upon the Petitioner to substitute the same. It is pertinent to note that the grievance in the said letter pertains to a purchase order other than those covered by the said three invoices . 5] In the circumstances there appears to be no bona-fide dispute.However,with a view to give the Company one more opportunity the following order is passed. O R D E R [i] In the event of the Company paying the Petitioner a sum of Rs.6,50,000/-on or before 31st March,2009 the Petition shall stand dismissed. [ii] In the case of failure on the part of the Company to pay the amount as aforesaid,the Petition shall stand admitted and to be advertised in Free Press Journal,Maharashtra Times and Maharashtra Government Gazette.In that event the Petitioner to deposit an amount of Rs.10,000/- with the Prothonotary and Senior Master of this Court within four weeks from the date of default.