1 cp884-01 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.884 OF 2001 Aarti Drugs Ltd. ....Petitioner V/s. Jayraj Phosphates Pvt. Ltd. ....Respondent Ms.Swapna Kurup i/b Shukla & Shukla for the Petitioner. None for the Respondent. CORAM : S.J. VAZIFDAR, J. DATE : 28TH JULY, 2010. P.C. :- 1. This is a petition for winding up the Respondent company on the ground that it is unable to pay its debts. According to the Petitioner an amount of Rs.17,54,313/- is due and payable together with interest at 21% p.a. from 21.7.2001 till payment on account of the goods sold and delivered by it to the Respondent on the terms and conditions contained in various invoices. 2. The Respondent received the goods and retained the same without any demur as to the quality or quantity thereof. Under the invoices, any disputes as to the quality was to be raised in writing within three days of the receipt of the goods. A dispute regarding the quality of the goods was raised for the first time only in reply to the statutory notice. The reply to the statutory notice states that the Respondent had protested about the quality of the goods even in writing. Mr.Kurup, the learned counsel 2 cp884-01 appearing on behalf of the Petitioner states that there are however, no such writings produced by the Respondent. 3. There is no defence to the Petitioner’s claim. The Respondent obviously unable to pay its debts. 4. In the circumstances, the petition is made absolute in terms of prayers (a) and (b). The Petitioner shall be entitled to the costs fixed at Rs. 10,000/- to be recovered in the winding up proceedings. An affidavit providing the service dated 2.8.2002 is tendered in Court, taken on record and marked “X”.