*1* cp.48.06.windingup.costs.sxw kps I N THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.48 OF 2006 Liboard Securities Limited. ..Petitioner -Versus- Surman Investments Pvt.Ltd.. ..Respondent .......... Mr.H.V. Chande, for the Petitioner. Ms.Kranti S. S. Anand for the Respondent. .......... CORAM : S.J. VAZIFDAR, J. DATE : 13th August, 2010. P.C. 1 This is a petition for winding up the Respondent Company on the ground that it is unable to pay it’s debts. 2 It is not necessary to set out the details of transactions took place between the parties. Admittedly, an award dated 04.12.2003 was passed against the Respondent for the sum of Rs.15 lacs together with interest thereon @ 9% p.a. from 01.04.2001. There is nothing to indicate that the award has been set aside. I see no reason to delay the matter any further. 3 Ms.Kranti Anand, the learned counsel appearing for the Respondent has not suggested that the Respondent is in a position even to pay the amount due under the award. 4 There are no other circumstances which would justify the *2* cp.48.06.windingup.costs.sxw refusal of the orders sought in this petition. 5 In the circumstances, the petition is made absolute in terms of prayer clauses (a) and (b) which read thus:- “(a) that the Company viz. Surman Investments Pvt.Ltd., be ordered and directed to be wound up by this Hon’ble Court under the provisions of the Companies Act, 1956; (b) that the Official Liquidator be appointed as Liquidator of the Company with all powers under Section 457 of the Companies Act including the powers to take possession of the property and assets of the Company and to deal with and dispose of the same in accordance with law;” 6 The Petitioner shall also be entitled to the costs fixed at Rs.5,000/- which may be recovered in the winding up proceedings. -