:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO. 461 OF 2008 COMPANY PETITION NO. 461 OF 2008 COMPANY PETITION NO. 461 OF 2008 Infonet Network Systems (I) Pvt. Ltd. ..Petitioners versus Sankalpan Infrastructure Pvt. Ltd. ..Respondents Mr. S. Purohit i/b. RMG Law Associates for Petitioners. Mr. Naushad Engineer with Ms. Purvi Asher with Rucha Joga i/b. Mansukhlal Hiralal & Co. for Respondents. CORAM: S. A. BOBDE, J. CORAM: S. A. BOBDE, J. CORAM: S. A. BOBDE, J. DATE : 12TH SEPTEMBER, 2008. DATE : 12TH SEPTEMBER, 2008. DATE : 12TH SEPTEMBER, 2008. P.C. P.C. P.C. . . . Heard. 2. This is a company petition for winding up of the company. According to the petitioner, the respondents company entrusted work in pursuance of the Work order dated 29.3.2007 and the petitioner submits that they supplied and provided services in the aggregate of Rs. 23,40,562.09 including the amounts in the debit Notes. There was a delay in commencement of the work. However, eventually the :2: respondents company accepted that the petitioners final bill amount is Rs.18,17,000/-. Some amounts were already paid. The petitioner accepts the position that after this certain more amounts have been paid. The learned counsel for the petitioner submits that though larger amount was admitted as due and payable to them but the respondents have made deductions and admitted only the balance amount due and payable by them as Rs.1,03,100.39 paise. The learned counsel for the petitioner submitted that it is possible to demonstrate how deductions made by the company are not tenable. However it is not for a company court to launch into a detailed investigation of which amount is payable according to the contract and which amount can be withheld and also determine which amount has been paid and which amount has not been paid, vide Judgment of the Madras High Court reported in [ (1979) 49 Company (1979) 49 Company (1979) 49 Company Cases page 644 ]. Cases page 644 ]. Cases page 644 ]. In these circumstances, it will be appropriate in the interest of justice to direct the company to deposit a sum of Rs.1,03,100/- in this court within a period of six weeks from today. Upon such deposit, the amount shall be allowed to be withdrawn by the petitioners. If the amount is not deposited, the Company Petition shall stand admitted and the petitioners shall advertise the petition in :3: two local newspapers, viz., "Free Press Journal", "Maharashtra Times" and in the Maharashtra Government Gazette. The petitioners shall deposit an amount of Rs.10,000/- with the Prothonotary and Senior Master towards the publication charges within two weeks from the date of default with an intimation to the Company Registrar, failing which the petition shall stand dismissed for non-prosecution. (S. A. BOBDE, J.) (S. A. BOBDE, J.) (S. A. BOBDE, J.)