1 41.cp-361-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi COMPANY PETITION NO. 361 OF 2009. Mangal Ramji Shah. ..Petitioner. vs. M/s. Shree Ambe Construction Pvt. Ltd. ..Respondent. .... Mr. Mehul Rathod, i/b. Ashok M. Saraogi, for Petitioner. None for Respondent. .... CORAM : S.J. KATHAWALLA, J. DATE : 5TH AUGUST 2011. P.C. : This Company Petition is for hearing and final disposal. By this Petition, the Petitioner has sought winding up of the Respondent Company – M/s. Shree Ambe Construction Private Limited (the Company). 2. It is the case of the Petitioner that the Petitioner is in the business of transportation in the name of M/s. Harsh Transport. According to the Petitioner, pursuant to the services availed by the Company from the Petitioner, the Company had given a cheque of Rs. 1,13,000/- to the Petitioner. However, on presentation of the cheque, it was dishonoured on the ground of insufficient funds. The Petitioner had filed a Summary Suit No. 1898 of 2004 against the Company, on the basis of the dishonour of cheque. Summons for Judgment No. 955 of 2004 was also taken out. By a Judgment and order of this Court dated 10th October 2005, a Decree was passed in favour of the Petitioner and against the Company to the tune of Rs. 1,13,000/- along with interest thereon at the rate of 12% on the principal amount from the date of filing of the Suit till payment 2 41.cp-361-09 and/or realisation. The Company even after passing of the Decree, failed to pay the decretal amount to the Petitioner. 3. The statutory notice dated 16th April 2004 was issued to the Company. Thereafter, on 24th April 2009, the Petitioner filed the present Company Petition and on 18th July 2009 served a copy of the same on the Company. Affidavit proving service of the Petition dated 4th August 2009 is on record. 4. Accordingly, the above Company Petition was admitted by an order of this Court dated 28th August 2009 and was directed to be advertised. The Petitioner has advertised the Company Petition as can be seen from the Affidavit proving Publication dated 9th December 2009. Notice under Rule 28 served on the Company was received by the Company as can be seen from the Affidavit of Service dated 27th November 2009. The Company has not filed any reply to the Company Petition. 5. Under the circumstances, for the reasons set out in my order dated 28th August 2009 and for the reasons set out hereinabove, I am satisfied that the Company is unable to pay its debts. The Company Petition is allowed in terms of prayer clause (a). The Official Liquidator is appointed as the Liquidator of the Company with all powers under the Companies Act, 1956. The Official Liquidator shall act on an authenticated copy of this order. 6. The Company Petition is accordingly, disposed of. [ S.J. KATHAWALLA, J. ]