1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.87 OF 2007 Gold Jyoti Polymers ....Petitioner V/s. Chemfert Granulations Ltd. ....Respondent Mr.P.B. Kapadia for the Petitioner. None for the Respondent. CORAM : S.J. VAZIFDAR, J. DATE : 2ND JULY, 2010. P.C. :- 1. This is a petition for winding up the Respondent company inter-alia on the ground that the company is unable to pay its debts. According to the Petitioner, the Respondent is indebted to it today in the sum of exceeding Rs.10,00,000/-. The claim arises on account of the goods sold and delivered by the Petitioner to the Respondent on the terms and conditions contained in the invoices. 2. The cheques towards part payment were dishonoured. The Respondent has confirmed the balance on more than one occasion at least in the sum of Rs.5,90,552=94 ps. 3. To the reply to the statutory notice, the Respondent merely requested for time to make the said payment. 4. There is no affidavit in reply. The company is absent. 5. In the circumstances, the company petition is made absolute in 2 terms of prayers (a) and (b). The Provisional Liquidator shall continue as the Official Liquidator. The Respondent company shall also pay the costs of this petition fixed at Rs.10,000/-, which the Petitioner shall be entitled to recover in the winding up proceedings. 6. The company petition is accordingly disposed of.