IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.744 OF 2007 WITH COMPANY PETITION NOS.610/2007 & 326/2008 Ramniranjan B.Bharthiya ...Petitioner V/s. Amplas Polymers Pvt.Ltd. ...Respondents ...... Mr.H.V.Chande for Petitioners in CPs/744/07 & 326/2008. Ms.Nisha Parmar i/b Mr.Tushar Goradia for Petitioner in CP/610/07. None for Respondents. ...... CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. NOVEMBER 19, 2008. NOVEMBER 19, 2008. NOVEMBER 19, 2008. P.C. P.C. P.C. 1. None appears for the Respondents though served. By this Company Petition, it is prayed that the Respondent Company be wound up, as it is unable to pay its debt. The claim of the Petitioner is founded on four Bills of Exchange of Rs.25,000/- each. As the amount remained unpaid, statutory notice was sent to the Respondent Company. There is no dispute that the said notice : 2 : was duly served on the Respondents. However, the Respondents did not sent any reply to the said statutory notice nor offered the amount claimed thereunder. As a result, present Petition came to be filed. 2. This Court before admitting the Company Petition by order dated December 17, 2007 heard the Respondents. The only defence taken by the Respondents was that the amount referred to the Bills of Exchange in question was never received by the Respondents. That contention has been elaborately considered in my order dated 17th December 2007 and found to be bogus and false. The Respondent Company has failed to establish the fact that the amount was never received except the bare words of the Respondents. On the other hand, the Bills of Exchange are executed under the stamp and seal of the Respondent Company by its authorised officer which will bind the Respondent Company to honour the same. 3. In the circumstances, for the same reasons recorded in the order dated 17th December 2007, I : 3 : have no hesitation in accepting the assertion of the Petitioner that the Respondent Company is liable to pay amount towards the four Bills of Exchange aggregating to Rs.1,00,000/- along with interest accrued thereon. Inspite of statutory notice, the said amount remained unpaid. The defence taken by the Respondents before this Court has already been found to be bogus and false, which opinion recorded in order dated December 17, 2007 is reiterated once again in the present order. Accordingly, the only option available before this Court is to order winding up of the Respondent Company on the ground that it is unable to pay its debt. 4. It is relevant to place on record that besides the present Company Petition, there are two other Company Petitions pending against the Respondent Company being Company Petition No.610/2007 which has been admitted on 17th December 2007 in relation to outstanding claim of Rs.1,32,670/- so also Company Petition No.326/2008 which has been admitted on 18th September 2008 for claim in relation to Rs.1,30,000/-. In none of : 4 : these Petitions any further affidavit has been filed to indicate that the conditional order passed by the Court has been complied with or that the Respondent Company has made any effort to pay some amount to each of the Petitioner. 5. In the circumstances, the present Petition ought to succeed. Accordingly, it is ordered that the Respondent Company is wound up forthwith. The Official Liquidator to take over assets of the Respondent Company and proceed in accordance with law. 6. In view of the above order, companion Company Petition Nos.610/2007 and 326/2008 are disposed of with liberty to the Petitioners in the said Petitions to pursue their claim before the Official Liquidator which will be decided in accordance with law. It is also made clear that if the order passed in the leading Company Petition is recalled or set-aside by Superior Court, the said Petitioners will be free to get their Petitions revived, which will then proceed on its own merits afresh. All three Petitions disposed of on the : 5 : above terms. A.M.KHANWILKAR, J.