IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.998/1999 M/s Gemini Advertising Pvt.Ltd. PETITIONER VS. M/s Kasturi Fine Foods (India)Pvt.Ltd. RESPONDENT Mr.Manish Doshi i/b Vimadalal & Co.for the Petitioner CORAM : S.A.BOBDE , J. DATE : 18th SEPTEMBER,2008. P.C. 1] This is a petition for winding up the respondent company. The petitioner made a demand of Rs.1,41,729.35Ps.on account of expenses incurred by them for advertisement for promotion of the company's product by publication through the media in the Indian Market. Apparently the statutory notice is served vide Exh.G, however,it has not been replied . At the stage of admission of the company petition though served apparently the company did not appear. At this stage also the company is absent. 2] The learned counsel for the petitioner in addition to the submissions in the petition and the documents filed alongwith it relies on additional affidavit of Shri.Jain , Managing Director,dated 3rd April,2008 and the documents annexed thereto . In particular it appears from the letter dated 3.3.1999 attached with this affidavit that the petitioner made demand of specific sum under specific bills . In response the company appears to have written a letter dated 2 19.3.1999 referring certain bills of the value of Rs.1,34,606.55 accepting those bills. The company has further assured to make the payment against each bill on 45th day of each bill . In these circumstances there is no little doubt that the company owes the debt to the petitioner.It is not necessary to ascertain the exact amount in this proceeding . Having regard to the fact that the allegations in the petition and the additional affidavit are uncontroverted ,they must be taken as admitted . Hence the petition is allowed in terms of prayer clause A which reads as follows. ''That Kasturi Fine Foods (I) Pvt.Ltd.be ordered to be wound up by and under the directions of this Hon'ble Court under the provisions of the Companies Act,1956 and the Official Liquidator, High Court,Bombay be appointed as the Liquidator of the said Company with all powers under the Companies Act,1956.'' (S.A.BOBDE,J.)