1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi COMPANY PETITION NO.190 OF 2008 WITH COMPANY APPLICATION NO.535 OF 2009 IN COMPANY PETITION NO.190 OF 2008. Amforge Industries Limited. ..Petitioner. vs. Hindustan Gears Pvt. Ltd. ..Respondent. .... Mr.R.M. Pardiwala, i/b. Mulla & Mulla C.B. & C., for Petitioner. Mr.V.P. Sawant, for Respondent. .... CORAM : S.J.KATHAWALLA, J. DATE : 4TH SEPTEMBER 2009. P.C. This company petition is for hearing and final disposal. At the stage of admission of the petition, this Court in view of the admission of liability on the part of the respondent company to the tune of Rs.7,65,350.80 had directed the respondent company to deposit the said amount of Rs.7,65,350.80 within a period of three months from 19 th September 2008. It was ordered that upon deposit of the said amount, the petitioner will be at liberty to withdraw the 2 same since the same pertains to an admitted liability. It was also ordered that if the amount is not deposited as ordered, the company petition shall stand admitted and the petitioner shall advertise the petition in the “Free Press Journal”, “Maharashtra Times” and in the Maharashtra Government Gazette. 2. The respondent company failed to deposit the said amount of Rs.7,65,350.80 as directed by this Court by its order dated 19 th September 2008 because of which the petition stood admitted and was advertised in the “Free Press Journal” dated 9 th July 2009 and in “Maharashtra Times” dated 9 th July 2009 and in Maharashtra Government Gazette, Part-II (Misc.), dated 16-22 July 2009. This petition had appeared before this Court for final hearing on 13 th August 2009, 20 th August 2009 and 28 th August 2009 when the petition was adjourned to enable the respondent company to come forward with a proposal to settle the claim of the petitioner. However, despite several opportunities being given, the respondent company is unable to make a statement till date that they are willing to deposit the 3 said amount of Rs.7,65,350.80 with interest thereon. Instead the respondent company once again seeks 8 weeks time on the ground that the respondent company is attempting to raise finance and is relying on a letter dated 11 th January 2009, wherein the terms of finance are mentioned by the proprietor of one ‘Maharashtra Finance’. It is obvious that since 11 th January 2009, no finance has been provided by the said ‘Maharashtra Finance’ to the respondent company. 3. In view thereof, the respondent company has not even attempted to raise any defense to the company petition thereby establishing the fact that the respondent company is unable to pay its debt. The company petition is therefore made absolute in terms of prayer clauses (a) and (b). The Liquidator to take necessary steps in the matter and submit his report to this Court within a period of 8 weeks from today. Company application no.535 of 2009 also stands disposed of. [ S.J.KATHAWALLA, J. ]