1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO. 36 OF 2001 M/s. Raymond Calitri Denim Ltd. ... Petitioner Vs M/s.Towels India Exports Limited. ... Respondent Mr. Shailesh Shukla i/b Lex India for the Petitioner. None for the Respondent. CORAM : S.J. VAZIFDAR, J. DATED : 14TH JUNE, 2010. P.C. : 1. The company has, despite an order dated 6th June, 2001, and several requests from the Petitioner failed and neglected to furnish the particulars of the proceedings before the BIFR. In the circumstances, I proceed on the basis that the proceedings are no longer pending before the BIFR. 2. This is a Petition for winding up the company on the ground 2 that the company is unable to pay its debts. According to the Petitioner, a sum of Rs.38,08,873.28 was due and payable by the company to it as of 23rd September, 2000. The claim arises in respect of the goods sold and delivered by the Petitioner to the company. The cheques issued by the company towards payment have also been dishonoured. There is no reply to the statutory notice. There is no affidavit in reply. However, with a view to afford the company an opportunity of making payment, the following order is passed : (i) In the event of the company paying the Petitioner a sum of Rs.38,08,873.28 with interest @ 13% p.a. from 23rd September, 2000 till payment, on or before 31st August, 2010, the Petition shall stand dismissed. (ii) In case of failure on the part of the company to pay the amount as aforesaid, the Petition shall stand admitted and to be advertised in Free Press Journal, Maharashtra Times and Maharashtra Government Gazette. In that event the Petitioner to deposit an amount of Rs.10,000/- with the Prothonotary and Senior Master of this Court within four weeks from the date of default.