1 43.cp-498-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi COMPANY PETITION NO. 498 OF 2009. North Eastern Carrying Corporation Ltd. ..Petitioner. vs. Fabtech Technologies International Pvt.Ltd. ..Respondent. .... Mrs. Kalyani G. Parmar, for Petitioner. None for Respondent. .... CORAM : S.J. KATHAWALLA, J. DATE : 5TH AUGUST 2011. P.C. : This Company Petition is for hearing and final disposal. By this Petition, the Petitioner has sought winding up of the Respondent Company – Fabtech Technologies International Private Limited (the Company). 2. It is the case of the Petitioner that the Petitioner is in the business of transporting goods. According to the Petitioner, pursuant to their quotation dated 16th October 2006 submitted to the Company, the Petitioner rendered transportation services to the Company from Umbergaon to various stations and a sum of Rs. 2,27,500/- became due and payable by the Company being transportation charges. Out of the said amount of Rs. 2,27,500/- the Petitioner on 18th August 2008 received an amount of Rs. 28,178/- from the Company leaving a balance of Rs. 1,99,322/- which the Company failed and neglected to pay till date. 3. The statutory notice dated 3rd March 2009 was issued to the 2 43.cp-498-09 Company. Thereafter, on 18th May 2009, the Petitioner filed the present Company Petition and on 22nd June 2009 served a copy of the same on the Company. Affidavit proving service of the Petition dated 24th July 2009 is on record. 4. Accordingly, the above Company Petition was admitted by an order of this Court dated 20th August 2009 and was directed to be advertised. The Petitioner has advertised the Company Petition as can be seen from the Affidavit proving Publication dated 10th November 2009. Notice under Rule 28 served on the Company was received by the Company as can be seen from the Affidavit of Service dated 7th October 2010 and acknowledgment and courier slip attached thereto. The Company has not filed any reply to the Company Petition nor have they come forward to defend the Petition even at this stage. 5. Under the circumstances, for the reasons set out in my order dated 20th August 2009 and for the reasons set out hereinabove, I am satisfied that the Company is unable to pay its debts. The Company Petition is allowed in terms of prayer clause (a). The Official Liquidator is appointed as the Liquidator of the Company with all powers under the Companies Act, 1956. The Official Liquidator shall act on an authenticated copy of this order. 6. The Company Petition is accordingly, disposed of. [ S.J. KATHAWALLA, J. ]