IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.484 OF 2005 Ashish Ramanlal Shah, Sole Prop. Of M/s.Ashish Engineering .. Petitioner Vs M/s.Ralliwolf Limited .. Respondents Mr.Ashish R. Shah, Prop. of M/s.Ashish Engineering present None for the respondents CORAM : S.J. VAZIFDAR, J. DATED : 30TH JUNE, 2010. P.C. : 1. This is a petition for winding up the Respondent-company interalia on the ground that it is unable to pay its debts. 2. According to the petitioner, the respondent is indebted to the petitioner in the sum which today inclusive of interest would be about Rs.10,00,000/- The claim arises on account of the goods sold and delivered by the Respondent-company to the petitioner on the terms and conditions contained in the various invoices. The respondents having failed to pay the amounts, the petitioner by its advocates letter addressed a statutory notice also claiming interest @ 18% p.a. In reply to the statutory notice, one of the contentions raised was limitation. However, in para 8 of the petition, petitioner has specifically averred that part payments were made from time to time. The last of which was on 13.06.02 by cheque. The petition was filed on 7.6.05. Thus, the bar of limitation, if any, is saved by virtue of the said part payments. There is no affidavit in reply. The Company was absent when the petition was admitted on 24.11.05. The Company is absent today. The office note states that the notice under rule 28 has not been effected. However, the case status note pasted in the petition states that it has been issued. The acknowledgment states that the respondent has left . There is nothing to indicate that the place “ ” where the notice was issued is not the registered office of the respondents. In the circumstances, Rule 28 has been complied with. 3. The Company Petition is made absolute in terms of prayer clause (a) and (b). The petitioner shall also be entitled to recover the costs fixed at Rs.10,000/- in the winding up proceedings.