1 cp-595-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi COMPANY PETITION NO. 595 OF 2009. Mr. Dashrath Krishna More. ..Petitioner. v/s. M/s. Shradha Saburi Merchants Limited. ..Respondent. .... Mr. Anand Mishra, , i/b. A.M. Saraogi, for Petitioner. None for Respondent. .... CORAM : S.J. KATHAWALLA, J. DATE : 14TH OCTOBER 2010. P.C. This Company Petition is for hearing and final disposal. By this Petition, the Petitioner has sought winding up of the Respondent Company M/s. Shradha Saburi Merchants Limited (the Company). 2. It is the case of the Petitioner that the Petitioner is in the business of printing stationery articles. Upon requests made by the Company, the Petitioner printed and supplied the stationery articles and also submitted his bill dated 16th June 2008 for Rs.88,000/- to the Company. 3. The statutory notice dated 22nd March 2009 was replied to by the Company by its letter dated 25th April 2009 admitting that 2 cp-595-09 it is facing various problems including problems before the sales tax authorities. Thereafter, the above Company Petition was served on 8th July 2009 on the Company, service of which was acknowledged by the Company on 9th July 2009. The Company failed to file its reply to the Company Petition or to appear before this Court and oppose the admission of the winding up Petition against it. 4. Accordingly, the above Company Petition was admitted by an order of this Court dated 14th August 2009 and was directed to be advertised. The Petitioner has advertised the Company Petition as can be seen from the Affidavit proving publication dated 18th August 2010. Notice under Rule 28 is served on the Company and the service report dated 29th September 2010 from the Section Officer, Company Department is on record. The Company has not filed any reply to the Company Petition and nor have they come forward to defend the Petition even at this stage. 5. Under the circumstances, for the reasons set out in my order dated 14th August 2009 and for the reasons set out hereinabove, I am satisfied that the Company is unable to pay its debts. The Company Petition is allowed in terms of prayer clause (a). The Official Liquidator is appointed as the Liquidator of the Respondent Company with all powers under the Companies Act, 3 cp-595-09 1956. The Official Liquidator shall act on an authenticated copy of this order. 6. The Company Petition is accordingly, disposed of. [ S.J. KATHAWALLA, J. ]