IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.250 OF 2009 Jaysagar Construction Co. and Anr. ... Petitioners Vs ANR Infrastructure P.Ltd. ... Respondents Mr.Cyrus Ardeshir a/w Ms.Shweta Joshi i/b M/s.Rustamji and Ginwala 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. 2. According to the petitioners, the respondents are indebted to the petitioners to the sum of Rs.11.0 lacs together with interest. The amount of Rs.11.0 lacs was paid by the petitioners to the respondents as token money in respect of the project to be jointly developed. The same did not go through. As a result thereof, the amount of Rs.11.0 lacs was to be repaid. 3. The respondents in repayment forwarded a cheque in the sum of Rs.11.0 lacs. The same was dishonoured even after it was represented. The fresh cheques were also dishonoured. 4. In reply to the statutory notice, respondents contended that it had repaid the amounts in cash. However, there is no evidence which would suggest the same. There is no affidavit in reply. 5. 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.