1 cp343-06 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.343 OF 2006 Modern Cargo Pvt. Ltd. ....Petitioner V/s. Super Fill India Pvt. Ltd. ....Respondent Mr.A.M. Vernekar for the Petitioner. None for the Respondent. CORAM : S.J. VAZIFDAR, J. DATE : 26TH JULY, 2010. P.C. :- 1. This is a petition for winding up the Respondent company on the ground that it is unable to pay its debts. According to the Petitioner, an amount of Rs.1,83,760=21 ps. together with interest at 18% p.a. from 1.6.2005 is due and payable by the Respondent to it in respect of the services rendered namely the services as a clearing agent and transportation. There appears to be no dispute that the amount is due and payable by the Respondent to the Petitioner. The Respondent’s case was that it is entitled to claim certain amounts in respect of the machinery wrongly withheld in certain premises. The said premises, however, belonged to a director of the Petitioner. The Respondent ultimately removed the machinery as claimed in a letter dated 31.10.2005 (Exhibit B-1 to the affidavit in rejoinder). 2. The petition was admitted pursuant to an order dated 2 cp343-06 18.1.2007. The order recorded that after the matter was argued for some time, the Respondent agreed to pay an amount of Rs.1,83,760=21 ps. by 2.2.2007. It was accordingly ordered that in the event of the Respondent failing to do so, the petition to stand admitted and shall thereafter be advertised. The Respondent having failed to make payment, the petition was admitted and advertised pursuant to a further order dated 21.2.2007. 3. No other creditor has appeared in support of this petition. The Respondent company is also absent. However, despite the same and considering that the Petitioner’s claim is not very large, the ends of justice would be served by the following order :- i). In the event of the Respondent - company paying an amount of Rs.1,83,760=21 ps./- together with interest thereon at 18% p.a. from 1.4.2006 till payment, on or before 30.9.2010, the petition shall stand dismissed. ii). In case of failure on the part of the company to pay the amount as aforesaid, the petition shall stand allowed in terms of prayers (a) and (b). In that event, the Petitioner shall also be entitled to the costs fixed at Rs.5,000/- to be recovered in the winding up proceedings. 4. The Petitioner shall forward a copy of this order to the Respondent company and the Respondent’s advocate forthwith.