IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.122 OF 2005 WITH COMPANY PETITION NOS.149/2006 & 598/2006 M/s.Gargi Huttenes Albertus Pvt.Ltd. etc.etc. ..Petitioners V/s. M/s.Kulkarni Engineering Associates Ltd. ...Respondents ...... Mr.Ashish Kamath with Ms.Meenakshi Mhapankar & Mr.Nikhil Rajani i/b V.Deshpande & Co. for Petitioners in CP/149/2006. Mrs.U.K.Shah i/b Mr.K.D.Shah for Petitioners in CP/598/2006. Mr.Ashutosh M.Kulkarni for Respondents in CPs/122/2005 & 149/2006. ...... CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. NOVEMBER 19, 2008. NOVEMBER 19, 2008. NOVEMBER 19, 2008. P.C. P.C. P.C. 1. All these Petitions can be disposed of by common order. In all these Petitions, relief claimed is for winding up of the Respondent Company on the ground that it is unable to pay its debt. : 2 : In Company Petition No.122/2005, the outstanding amount is in the sum of Rs.42,95,523/- whereas in Company Petition No.149 of 2006, it is 1,16,29,876/- and in Company Petition No.598/2006, it is Rs.5,86,970/-. 2. Insofar as leading Company Petition No.122/2005 as well as Company Petition No.598/2006 are concerned, formality of publication has already been done. Insofar as service of notice under Rule 28, the same is waived by the Counsel appearing for the Respondent Company. Indeed, in Company Petition No.149/2006, publication is still not done. However, that stands dispensed with in terms of this order having regard to publications already issued in the past in respect of the Respondent Company in companion matters. 3. In each of these Petitions, inspite of statutory notice, the Respondent Company failed and neglected to pay the outstanding dues forcing the respective Petitioners to file Company Petition praying for winding up of the Respondent Company on the ground that the Company is unable to pay its : 3 : debt. Before admission of the Company Petitions, the Respondent was duly served but no effort was made either to pay the outstanding dues or contest the present Petitions. Even after admission of the Company Petitions and publication issued with regard to proposed winding up action, the Respondent Company has not shown any inclination to pay its dues. No reply has been filed to counter the assertions made in the Petitions. It necessarily follows that the Respondent Company is unable to pay its debt. Moreover, considering the outstanding amount payable by the Respondent Company, I have no hesitation in concluding that the Respondent Company is unable to pay its debt. 4. Accordingly all the three Petitions are allowed. It is ordered that the Respondent Company be wound up forthwith. 5. The Official Liquidator shall take steps to take over the assets of the Respondent Company and proceed in accordance with law. : 4 : A.M.KHANWILKAR, J.