1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO. 1115 OF 2000 Container Services Co. LLC. ... Petitioner Vs Mathuradas Narandas & Sons Forwarders Pvt. Ltd. ... Respondents Mr. V.K. Ramabhadran with Mr. Prathamesh Avhad for the Petitioner. None for the Respondent. CORAM : S.J. VAZIFDAR, J. DATED : 22ND JUNE, 2010. P.C. : 1. This is a Company Petition for winding up the Respondent- company on the ground that it is unable to pay its debts. According to the Petitioner, the company is indebted to it in the sum of US $ 2,79,431.52 together with further interest at 18% per annum. 2. The claim arises out of two lease agreements dated 28th 2 November, 1996 and 19th May, 1997. The Petitioner, by a letter dated 7th June, 2000, called upon the Respondent to confirm the balance amount due by the company in the sum of US $ 2,18,719.02 as on 31st May, 2000. The company endorsed its confirmation at the foot of the said letter. There was no reply to the demand for payment. There was no reply to the statutory notice. There was no reply to the Company Petition at the stage of admission. The company had remained absent at the stage of admission. Accordingly, the Company Petition was admitted by an order dated 29th March, 2001. 3. Mr. Ramabhadran fairly states that the Petitioner’s advocate has been served with an un-affirmed copy of an affidavit in reply. There is no reply on the record of this court. It is not clear, therefore, whether the reply was even affirmed. In the circumstances, it is not necessary for me to consider the Rejoinder dated 22nd August, 2001, sought to be filed by the Petitioner. The same is, therefore, returned to the Petitioner’s advocate. 4. In the circumstances, the company Petition is made absolute in terms of prayers (a) and (b) which read as under :- 3 “(a) That Mathuradas Narandas & Sons Forwarders Pvt. Ltd., be ordered to be wound up by and under the orders and directions of this Hon’ble Court under the provisions of the Companies Act, 1956. (b) That the Official Liquidator attached to this Hon’ble Court be appointed Liquidator of the Mathuradas Narandas & Sons Forwarders Pvt. Ltd., with all powers under the provisions of the Companies Act, 1956.” 5. The company shall also pay the Petitioner costs fixed at Rs. 5,000/- which the Petitioner is at liberty to recover in the winding up proceedings.