IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.152 OF 2000 Siemens Limited ...Petitioners V/s. Veco-Kilburn Limited ...Respondents ...... Mr.Simil Purohit i/b Mr.Ishwar J.Nankani for Petitioners. Mr.S.C.Singh i/b Mr.G.C.Singh for Respondents. ...... CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. DECEMBER 4, 2008. DECEMBER 4, 2008. DECEMBER 4, 2008. P.C. 1. Counsel for the Respondents once again prays for time to file reply. According to his recollection, reply affidavit has already been filed and copy thereof was served on the Counsel for the Petitioners long back. The argument of the learned Advocate for the Respondents is misplaced. There is nothing on record to indicate that any reply affidavit has been filed for and on behalf of the Respondents. The Office endorsement clearly : 2 : mentioned that position when the matter was listed on 20th November 2008. The situation has not changed thereafter. It is on the basis of that endorsement, conditional order was passed while accepting the request of the Respondents to adjourn the matter-on the assumption that the Respondents would at least avail opportunity of that indulgence and pay the cost to High Court Legal Services Committee and also file reply affidavit, if so desired. 2. Once again, it appears that the Respondent Company has neither paid the cost amount as required under order dated November 20, 2008 nor has filed the original reply affidavit in the Registry. It is not possible to accept the stand of the Respondents that original reply affidavit has already been filed in the Registry long back. No endorsement in that behalf has been produced by the Respondents before this Court. 3. In the circumstances, I will have to proceed on the assumption that the Respondent is unwilling to file any reply affidavit obviously : 3 : because it has no explanation to offer. The fact that goods have been sold, delivered and supplied to the Respondent Company by the Petitioners as requested by the Respondents from time to time, can be discerned from the various documents filed along with the Company Petition. The fact that said goods have been supplied is not in dispute. There is no record to indicate that the Respondents, at any point of time, had disputed either the quality, quantity or specification of the goods so supplied. If it is so, the Respondent Company was liable to pay the amount demanded under the invoice raised by the Petitioners from time to time. Inspite of repeated reminders since the Respondents failed and neglected to pay the outstanding dues, the Petitioners had no option but to issue the statutory notice. The fact that the statutory notice has been duly served is established from the fact that the Respondents sent reply to the said statutory notice on 13th August 1999. Indeed, in the reply sent by the Respondents, they have disputed their liability to pay any amount. On the other hand, they have called upon the Petitioners to refund Rs.13,95,728/- (Rupees Thirteen Lakhs : 4 : Ninety-five Thousand Seven Hundred Twenty-eight) with 20% interest from 25th January 1999 till the date of actual payment, which claim is unacceptable. 4. Even at the time of the admission of this Company Petition, although the Respondents were duly served, no steps were taken by the Respondents to file any reply to counter the assertions made in the Petition. The Petition was eventually admitted on 19th July 2000. From the record, it does appear that Summary Suit was filed by the Petitioners against the Defendants for recovery of amount under the transaction referred to in the present Petition. 5. Be that as it may, the fact remains that the Respondent Company has not filed any reply to counter the assertions made in the Petition inspite of sufficient opportunity. Petition pertains to year 2000. It necessarily follows that the Respondent Company is unable to pay its debt. Accordingly, the Petition is allowed in terms of of prayer clauses (a) and (b). Ordered accordingly. : 5 : A.M.KHANWILKAR, J.