1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.790 OF 2002 Vinod Murarka ....Petitioner V/s. M/s.Sarodaya Laboratories Ltd. ....Respondent Ms.Priya Khaitan i/b M/s.Khaitan & Jayakar for the Petitioner. None for the Respondent. CORAM : S.J. VAZIFDAR, J. DATE : 29TH JUNE, 2010. P.C. :- 1. This is a Petition for winding up the Respondent Company on the ground that it is unable to pay its debts. According to the Petitioner, the company is indebted to him in the sum of Rs.59,592/- together with interest. 2. The claim arises on account of the goods sold and delivered by the Petitioner to the Respondent company on the terms and conditions contained in the invoices. The company failed and neglected to pay the said amounts despite repeated requests. 3. There was no reply to the statutory notice dated 12.7.2001. There is no provision for interest in the invoice. However, the statutory notice demanded interest at 24% p.a. 4. There is no affidavit in reply. The company was absent when the petition was admitted on 21.2.2003. The company is absent today. 2 5. In the circumstances, the company petition is made absolute in terms of prayers (a) and (b). The Respondent company shall also pay the costs of this petition fixed at Rs.5000/-, which the Petitioner shall be entitled to recover in the winding up proceedings. 6. The company petition is accordingly disposed of.