1 mgj IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Company Petition No.111 of 2009 In the matter of M /s Nexeia Technologies Pvt.Ltd. M/s Reliance Communication Infrastructure Ltd. ..Petitioner Ms.Smita Sawant i/b Dave and Co. for petitioner. CORAM: S.J.KATHAWALLA J. 2nd September, 2009 P.C. 1 This petition is filed by the petitioner seeking winding up of the respondent company M/s Nexeia Technologies Pvt.Ltd. The petitioner had inter alia floated schemes for corporates pursuant to which the respondent had made an application and requisitioned 53 mobile connections which were provided by the petitioner to the respondent company with 53 hand sets. The respondent had signed the necessary Five 2 Customer Application forms and had agreed to the terms and conditions for usage including payment of bills on time. One such customer application form is annexed as Exhibit A-1 to the petition. The terms and conditions agreed by the respondent for the mobile service is annexed and marked as Exhibit B to the petition. 2 The petitioner has submitted that the respondent availed of the said Cellular phone service facility extensively and was billed on a regular monthly basis from time to time as per the usage of the respondent of the services. The bills were sent to the respondent from time to time and were received by the respondent without raising any dispute in any manner whatsoever. It is the case of petitioner that the respondent company failed and neglected to make payment due to the petitioner in respect of the said bills raised by the petitioner. The 3 petitioner, therefore, issued and served a statutory notice to the respondent company at its registered address calling upon the respondent to pay the total outstanding of Rs.1,09,952.00 together with interest thereon from the respective due dates of the bills till payment within a period of three weeks from the date of receipt of the said notice. However, the respondent company despite having received the statutory notice on 27th October, 2008, has failed and neglected to make payment of any amount to the petitioner and/or to respond to the said notice. The petitioner thereafter filed the present petition and attempted to serve the same on the respondent as can be seen from the affidavit proving service dated 3rd March, 2009. The petitioner received back the packets containing the petition with the remarks unclaimed . Thereafter the company petition appeared on board before this Court 4 (Coram: A.M.Khanwilkar J.) on 9th April, 2009 when this Court directed the petitioner to issue notice to the respondent and inform them that the matter is made returnable on 2nd May 2009. The petitioner was also directed to forward atrue copy of the company petition along with all annexures as and by way of service upon the respondent company. The petitioner has complied with the order passed by this Court on 9th April, 2009 and has filed the affidavit proving service on the respondent, dated 27th April, 2009. 3 Despite service of the company petition the respondent has chosen not to appear before the Court and contest the petition. The petitioner has, submitted that the respondent is, therefore, unable to pay its debt and deserves to be wound up. 4 Since there is no reply by the respondent and the respondent has chosen to remain absent despite service, the Court 5 would have to proceed on the basis of the averments contained in the petition. The company petition is, accordingly admitted and is made returnable on 3rd November, 2009 and is directed to be advertised. 4 The petitioner to advertise the petition in two local newspapers, namely, Free Press Journal , Maharashtra Times and in the Maharashtra Government Gazette. The petitioner shall deposit an amount of Rs. 10,000/- with the Prothonotary and Senior Master towards the publication charges within three weeks with intimation to the Company Registrar failing which the petition shall stand dismissed for non prosecution. (S.J.KATHAWALLA J.)