1 IN IN IN THE HIGH COURT OF JUDICATURE OF BOMBAY THE HIGH COURT OF JUDICATURE OF BOMBAY THE HIGH COURT OF JUDICATURE OF BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.630 OF 2008 M/s.Specturm Filtration Pvt.Ltd. ..Petitioner V/s. M/s.Textiles(India) Ltd. ..Respondent. Mr.Deepak Dhane i/b. Joseph & Associates for petitioner. CORAM: CORAM: CORAM: A.M.KHANWILKAR,J A.M.KHANWILKAR,J A.M.KHANWILKAR,J DATE DATE DATE : NOVEMBER 20, 2008. : NOVEMBER 20, 2008. : NOVEMBER 20, 2008. P.C. P.C. P.C. : : : 1. None appears for the Respondent though served. No reply has been filed to counter the assertions made in this Petition. Petition proceeds on the clear assertion that the claim in the present Petition arises out of the goods sold, supplied and delivered to the Respondent company, which is received and accepted by the Respondent company without raising any objection whatsoever. The Petitioner raised invoices for the amount payable by the Respondent company. As no payment was received, the Petitioner sent statutory notice, which was duly served on the Respondent as noted in Exh.C. Inspite of statutory notice, no reply was sent nor any payment was offered to the Petitioner. It necessarily follows that the Respondent company is unable to pay its debt. Significantly after filing 2 of the present Petition, the Respondent has been duly served. No appearance is made nor any reply has been filed to counter the assertions made in the Petition. The outstanding claim of the Petitioner is in the sum of Rs.3,32,966/-. In the circumstances, this Court has no option but to admit this Petition on the ground that the Respondent company is unable to pay its debt. Hence, this Petition is admitted. 2. Petitioner shall advertise the admission of the Petition in two local news papers, namely, "Free Press Journal" and "Maharashtra Times" 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 with intimation to the Company Registrar, failing which the Petition shall stand dismissed for non-prosecution. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)