:1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION COMPANY COMPANY COMPANY PETITION NO.1016 OF 2000 PETITION NO.1016 OF 2000 PETITION NO.1016 OF 2000 National Stock Exchange of India Ltd. & Anr. ... Petitioners. V/s. Nego Holdings Ltd. ... Respondent. Ms. Sarita D’lima i/b. Shaunak Satpute & Co. for the Petitioner. None for the Respondent. CORAM CORAM CORAM : DR. D.Y. CHANDRACHUD,J. : DR. D.Y. CHANDRACHUD,J. : DR. D.Y. CHANDRACHUD,J. 20TH 20TH 20TH JUNE 2007. JUNE 2007. JUNE 2007. P.C. P.C. P.C. :- :- :- . The Respondent was a constituent of the National Stock Exchange. Undertakings were executed by the Company on 5th August 1995 and 24th April 1996 to comply with the bye-laws, rules and regulations of the Exchange. The company was declared as a defaulter under Chapter 12 of the bye-laws and was furnished with an intimation on 9th December 1996. By a statutory notice dated 21st January 2000, a demand was made upon the company to the effect that after appropriating the dues against the deposit placed by the company, an :2: amount of Rs.2,60,097/- and Rs.7,88,448/- was due and payable to the first and second Petitioner respectively. By its reply the company submitted that it had a claim for damages in a suit filed before this Court. There is no merit in that contention since the claim of the Respondent if any, for damages is not a liquidated sum of due. 2. No reply was filed to the Company Petition and the Petition was accordingly admitted on 28th March 2001. Affidavit of service has been filed. None appears on behalf of the Respondent. 3. In the circumstances, the averments contained in the Company Petition for winding up will have to be accepted. 4. The Company Petition is accordingly made absolute in terms of prayer clauses (a) and (b). -----