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.182 OF 1999 M/s. Associated Business Company. ..Petitioner. V/s. M/s. Tejoomal Karbonless Papers Ltd. ..Respondent. None persent for respondent. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : FEBRUARY 21, 2008. DATE : FEBRUARY 21, 2008. DATE : FEBRUARY 21, 2008. P.C. : P.C. : P.C. : 1. None appears for the Respondent though served. No reply has been filed to controvert the assertions made in the Petition. 2. Petition is founded on the assertions that the Petitioner sold, delivered and supplied goods to the Respondent company as per requirements of the Respondent and that at no point of time, the Respondent raised any dispute about the quality, quantity or price of the goods, so supplied. The total outstanding dues in relation to the goods supplied is stated to be Rs.16,29,456/-(Rs.Sixteen Lakhs Twenty Nine thousand four hundred fifty six only). Inspite of the statutory notice, as the Respondent failed and neglected to pay the 2 outstanding dues, the Petitioner has approached this Court. This Court not only admitted the Petition but also appointed provisional liquidator in respect of the assets of the Respondent company by order dated 26th August, 1999. Notwithstanding the said Order, the Respondent company has not chosen to appear before this Court nor file any reply affidavit to controvert the assertions made in the Petition, which case is supported by the documents on record. 3. It necessarily follows that the Respondent has no plausible explanation to offer, for which reason, the Court will have no option, but to conclude that the Respondent company is unable to pay its debt. On this finding the Petition ought to succeed. 4. Accordingly, Petition is allowed in terms of prayer clause (a) and (b). (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)