1 cp559-01 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.559 OF 2001 M/s.Krishna Art Printery Pvt. Ltd. ....Petitioners V/s. M/s.Business Sense Communique India Pvt. Ltd. ,...Respondent Mr.Ketan R. Parekh for the Petitioners. 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. The Petitioner, as per the instructions received from and the orders placed by the Respondent, carried out print and article work for the Respondent. The Petitioner raised its invoices from time to time. The Respondent made part payment leaving the balance of Rs.6,39,670/-.The Respondent issued two cheques of Rs. 49,450/- each towards part payment, which were dishonoured. 2. The Petitioner initially filed the proceedings under section 138 of the Negotiable Instruments Act. A further cheque of the same amount was also dishonoured. Despite repeated requests, the balance amount had not been repaid. The statutory notice dated 26.2.2001 was returned undelivered with the postal endorsement “not claimed”. 2 cp559-01 3. The company was absent when the petition was admitted. There is no affidavit in reply. The Respondent company is absent today. There is no defence whatsoever to the claim. 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.