IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.944 OF 2007 M/s.Super Tex Labels Pvt.Ltd. ... Petitioners Vs M/s.Emarsso Exports P.Ltd. ... Respondents Mr.M.S.Dehlvi i/by Mr.Milind Gyani for the petitioners 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. It is not necessary for me to set out the facts in any detail in view of the order dt.10.03.2008 by which the petition was admitted. 2. The claim is based on the goods sold and delivered by the petitioners to the Company. The learned Judge recorded that even assuming that the defence regarding the defective goods is well founded an admitted amount of over Rs.1,20,000/- is due. The learned Judge also recorded the statement on behalf of the Company that it is in financial difficulties and is unable to pay its debts. The learned Judge has recorded that in fact there ought to be a winding up order but adopted a normal course of first admitting the petition and, thereafter, advertising the same. 3. The Company has remained absent. There is nothing to indicate a change in the circumstances. 4. In the circumstances, the Company Petition is made absolute in terms of prayer clause (a) and (b). The Company shall also pay the petitioners costs fixed at Rs.5,000/- which the petitioners shall be at liberty to claim in the winding up proceedings.