1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.43 OF 2002 Simplex Concrete Piles (India) Limited .. Petitioners Vs. Barmaco Energy Systems Ltd. ... Respondents Mr.Y.K.Sharma for the petitioners None for respondents CORAM : S.J. VAZIFDAR, J. DATED : 14th JULY, 2010 P.C.: 1. This is a petition for winding up the respondent company inter alia on the ground that it is unable to pay its debts. 2. According to the petitioners, the respondents are indebted to it in the sum which today exceeds Rs.5 crores. The claim arises in respect of the amounts due and payable by the respondents to the petitioners in respect of the works contract executed between the parties dated 06.11.1997. Civil and architectural work was involved. 2 3. The petitioners raised bills from time to time. The amount claimed is after giving credit for the sum of Rs.25 lakhs that was paid. 4. Three cheques of Rs.15.0 lacs each were issued by the respondents to the petitioners. The same however, were dishonoured. In a letter dated 24.11.2007, the respondents contended that the petitioners wrongly deposited the cheques, as the same were taken only to assist the petitioners with the creditors. It is difficult to accept this contention. There are no details in this regard. The company was absent on the previous occasions. The Company is absent today. 5. In these circumstances, the Company Petition is made absolute in terms of prayer clause (a) and (b). The petitioners shall be entitled to costs fixed at Rs.10,000/- which may be recovered in the winding up proceedings. The undertaking to file an affidavit proving publication within two weeks from today is accepted.