1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.655 OF 2000 Transmissions Limited, a Limited Company, having its Registered Office at Opposite Naval Dockyard Colony, Kanjur Marg (W), MUMBAI – 400 078. ...Petitioners V/s. Bagwe Udyog Limited, D-15, M.I.D.C., Central Avenue Road, Near Seepz, Andheri (East), MUMBAI – 400 093. ...Respondents WITH COMPANY PETITION NO.37 OF 2008 Rohidas Shankar Gaikwad, Indian Inhabitant, having address at Kumbhivali Village, Savroli Kharpada Road, Khalapur Taluka, Dist.Raigad – 410 203. ...Petitioner V/s. Bagwe Udyog Limited, D-15, M.I.D.C., Central Avenue Road, Near Seepz, Andheri (East), MUMBAI – 400 093. ...Respondents ......... 2 None present. ......... CORAM:- A.M.KHANWILKAR, J. DATED :- JULY 3, 2009. ORDER : 1. Both these Petitions can be disposed of by common order, as relief claimed is of winding up of the Respondent Company on the ground that the Company is unable to pay its debt. In the first Petition, the claim amount is Rs.78,351/- (Rupees Seventy-eight Thousand Three Hundred Fifty-one) in relation to goods sold, delivered and supplied. In the companion Petition, the claim amount is Rs.1,74,534.61 (Rupees One Lakh Seventy-four Thousand Five Hunded Thirty-four & Paise Sixty-one) arising out of workers’ adjudicated claim. 2. In spite of service, Respondent Company has not filed appearance nor bothered to file any reply affidavit to counter the assertions made in either of these Petitions. Record indicates that in both these Petitions, statutory notice was 3 issued but the Respondents failed and neglected to pay the amount demanded in the respective Petitions. As a result, present Petitions have been filed. These Petitions have been admitted. Besides, during the pendency of these Petitions, provisional Liquidator has been appointed. Even now the outstanding amount remains unpaid by the Respondent Company. It necessarily follows that the Respondent Company is unable to pay its debt. Accordingly, Petitions are made absolute by ordering winding up of Respondent Company and directing Official Liquidator to take over the movable and immovable assets of the Company and proceed in accordance with law. (A.M.KHANWILKAR, J.)