1 cp487-04.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.487 OF 2004 Crompton Greaves Ltd. .. Petitioner Versus M/s.Rainbow Heat Transfer Equipment Pvt.Ltd. .. Respondent Mr.Nikhil Rajani i/b. V. Deshpande & Co. for petitioner CORAM : S.C.DHARMADHIKARI, J. 8th December 2011. P.C.: 1] It is stated that this petition for winding up was admitted on 10th March 2005. At that time as well none appeared for respondents. This court passed an order observing that the company petition for winding up is filed pursuant to a statutory notice which was duly sent and delivered at the registered office of the respondent. There is no reply to the statutory notice nor the debt of the petitioner has been satisfied or compounded to the petitioner's satisfaction. There is no payment made pursuant to the demand raised. None appeared on behalf of respondents, although the petition was duly served. None appears even today when it is stated that post admission of the petition and advertisement, respondent has complete knowledge of pendency of this petition for winding up, which is duly served. From the statements in the petition, it is apparent that the 2 cp487-04.sxw petitioners placed purchase orders and made advance payment. Thereafter, the respondents failed to comply with the requisitions pursuant to the purchase orders and remit either the advance sum as demanded or the goods under the said purchase orders. In such circumstances and when neither refund of the advance amount was made nor the goods were supplied as ordered that the statutory notice was served. A copy of the same is at Annexure “C” and the copy of postal endorsement is at Annexure “D”, which evidences that despite postal authorities informing respondents that packet is duly delivered in the post office and it should be claimed by the respondent that none came to collect it and the presumption that it is duly served can be raised. In these circumstances, I am satisfied that the respondent is unable to pay its debts and that it is commercially insolvent. It is in such circumstances and when none of the statements made in the petition particularly with regard to financial position having not denied by the respondent, that this petition deserves to be made absolute and accordingly is made absolute in terms of prayer clauses (a) and (b). No costs. (S.C. Dharmadhikari, J)