Lsp IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO. 444 OF 2002 Win Chemicals Ltd. .. Petitioners V/s. Noel Pharmaceuticals Ltd. .. Respondents WITH COMPANY PETITION NO. 538 OF 2002 Syndicate Bank .. Petitioners V/s. Noel Pharmaceuticals Ltd. .. Respondents WITH COMPANY PETITION NO. 540 OF 2003 Tara Pharma .. Petitioners V/s. Noel Pharmaceuitals Ltd. .. Respondents WITH COMPANY PETITION NO. 529 OF 2006 M/s.Vipul Drugs Pvt.Ltd. .. Petitioners V/s. M/s.Neol Pharmaceuticals .. Respondents Mr.Shaikh i/b. M/s.Thakordas & Mandgaonkar for the Petitioners in CP-540/03. Mr.Sachin Joshi i/b. Mr.M.G.Mimani for Respondents in CP-529/06. CORAM CORAM CORAM : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. DATED DATED DATED : 12th November, 2008 : 12th November, 2008 : 12th November, 2008 P.C. 2 . None appears for respondent company though served. All these petitions can be disposed of together by this common order. Company petitions have been filed on the assertion that the petitioner sold, delivered and supplied goods to the respondent from time to time as requested by the respondents. In Company Petition No. 540/2003 the petitioners pray for amount of Rs. 8,04,492.37 paise, whereas in Company Petition No. 444/2002 claim amount is Rs. 9,00,000/- and in company petition No. 538/2002 claim amount is Rs. 80,11,853/- and in Company Petition No. 529/2006 claim amount is Rs. 14,47,730/-. 2. Considering the outstanding claim in all these petitions which has remained unpaid by the respondent company inspite of statutory notice and service of the company petition it necessarily follows that the respondent company is unable to pay its debts. Respondent inspite of service of notice of present petitions has not bothered to appear. No reply has been filed except in Company Petition No. 529/2006. The assertions made in the respective petitions have remained uncontroverted. The assertions in the respective petitions is supported by documents and contemporaneous record which indicate that the 3 respondent company has acknowledged its liability to pay outstanding dues. For the aforesaid reasons this Court has no option but to order winding up of the respondent company. Accordingly, all these petitions are allowed. It is ordered that the respondent company be wound up forthwith. The Official Liquidator shall take immediate steps to take over the possession of the assets of the company. Ordered accordingly. [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.]