1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.551 OF 2007 M/s. Mehta Petro Refineries Ltd. ..Petitioner. V/s. M/s. Excellent Insopolymer Pvt.Ltd. ..Respondent. Mr.R.M.Pande i/b. R.M.Pande & Co. for petitioner. None for respondent. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : JANUARY 31, 2008. DATE : JANUARY 31, 2008. DATE : JANUARY 31, 2008. P.C. : P.C. : P.C. : 1. None appears for the Respondent. The affidavit of service filed on behalf of the Petitioner would indicate that the Respondent is avoiding service. Petitioner attempted to serve the Respondent by different modes of service, such as RPAD, UPSC as well as courier. The packets sent by the RPAD and courier have been returned with endorsement "unclaimed". Obviously, the Respondent is avoiding to accept the service. 2. The Petitioner’s claim is founded on goods sold, delivered and supplied to the Respondent. The Respondent acknowledged its liability to pay, which fact is reinforced from the five cheques issued by 2 the Respondent in favour of the Petitioner in the sum of Rs.25,000/-each. The said cheques however, have been dishonoured. The Respondent inspite of statutory notice has not bothered to pay the said outstanding dues. Assuming that interest claimed by the Petitioner is on the basis of unilateral condition specified in the invoice, even so, as the amount of outstanding dues payable by the Respondent far exceeds the statutory amount and that the amount has remained unpaid inspite of statutory notice, it necessarily follows that the Respondent has not only failed and neglected to pay its debt but also unable to pay its debt. In the circumstances, I proceed to pass following conditional order. 3. The Respondent shall deposit Rs.2,85,000/- (Rs.two lakhs eighty five thousand only) in this Court within 8 weeks from today, failing which, the Petition shall stand admitted without further reference to the Court. The Petitioner shall send intimation to the Respondent about this order forthwith. 4. In case the Respondent deposits the above mentioned amount in the court within the specified time, the same be invested in the Nationalised Bank. 3 Besides, the Petition be listed on 4th April, 2008 for appropriate directions. 5. In the event Petition is admitted, Petitioner will be free to issue advertisement. Petitioner shall advertise the admission of the Petition in two local news papers, namely, "Free Press Journal", "Navshakti" and in the Maharashtra Government Gazette. The Petitioner shall deposit an amount of Rs.10,000/- with the Prothonotary & Senior Master towards the publication charges, within three weeks thereafter with intimation to the Company Registrar. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)