1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.680 OF 2001 M/s.Veerson & Co. ....Petitioner V/s. Bedekar Brothers Pvt. Ltd. ....Respondent Mr.Dilip Shukla i/b M/s.P.V. Nichani & Co. for the Petitioner. None for the Respondent. CORAM : S.J. VAZIFDAR, J. DATE : 29TH JUNE, 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, the company is indebted to them in the sum of Rs.13,521/- with further interest on principal sum of Rs.10,000/- at 18% p.a. from 13.4.1999. 2. The claim arises on account of a bill of exchange drawn by the company. The acceptor has dishonoured the bill of exchange by non- payment. The company refused to make payment despite statutory notice dated 23.1.2003. There was no reply to the statutory notice. There is no affidavit in reply. The company is absent. 3. In the circumstances, the petitioner is entitled to the reliefs claimed. However, considering that the amount is small and the fact that there are no other creditors who appeared in support of the company, the following order is passed :- 2 i). In the event of the company paying the petitioner a sum of Rs. 13521/- together with interest at 18% p.a. on the sum of Rs.10,000/- from 13.4.1999 till payment and/or realisation, on or before 31.8.2010, the company petition shall stand dismissed. ii). However, in the event of the company failing to make payment as aforesaid, the company petition is made absolute in terms of prayers (a) and (b). The petitioner shall also be entitled to the costs fixed at Rs.5000/- which shall be paid on or before 31.8.2010 and/or which the petitioner shall be entitled to recover in the winding up proceedings, as the case may be.